Posted on February 21, 2023 in Property Division

For many married couples, student loans are an inevitable part of life. Getting an education is an incredibly expensive investment, and when a couple gets married before or during one or both spouses’ years in school, student loans may be taken on during the marriage. But what happens to such a significant amount of debt when a couple decides to get divorced? While the spouse whose education was paid for using student loans may seem like the natural person to take on responsibility for the loans, allocating student debt actually depends on a number of factors.

Who is Responsible for Student Loans in a Divorce?

Illinois law requires divorcing spouses to fairly divide their assets and debts. Fairly does not necessarily mean equally, however, and this is where the details really matter when it comes to student loans. Illinois courts prefer couples to create an asset and debt division agreement without intervention from a judge, but this is not always possible. Even when it is possible, both spouses need to make sure they understand the law, because a judge will need to review any proposed asset and debt division for fairness and equity. Some factors that will need to be considered include:

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 Posted on February 17, 2023 in Divorce

Before filing for divorce in Illinois, many people suspect for years that something might be "off" without having hard evidence to prove it. Maybe you find yourself wondering if your spouse is cheating on you; maybe your shared bank account seems to be missing money and your spouse is defensive about where it is going. Whatever the reason, if your spouse is hiding something from you that could be serious enough to make you consider a permanent solution like divorce, you will want to be sure. Read on to find out how a private investigator may be able to help you get the information you need to make an informed decision.

What Can a Private Investigator Do?

Private investigators are individuals who specialize in finding information, but they are not typically police officers or detectives (and when they are, they are not working in their capacity as a law enforcement officer when sidelining as a PI), and they cannot break the law. This often leads to the question - what exactly can a PI do?

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 Posted on February 16, 2023 in Child Support

For most parents in Illinois, paying child support is an obligation that ends once a child turns 18 or graduates from high school. However, for other parents, child support can continue for several years or even indefinitely. It is important to know when child support can be ordered after a child reaches legal adulthood so you can financially prepare yourself for any obligations you may have, as well as ensure that your child’s needs are met throughout their life.

Child Support for an Adult Child in College

Illinois is one of the few states that allows judges to order divorced parents to help their children pay for college or trade school. Married parents cannot be ordered to do this, but divorced parents can because of the idea that a child should continue to enjoy the standard of living she would have expected had her parents stayed married. For some families, this includes assistance with college tuition, although judges are not obligated to order parents to pay their child’s educational expenses.

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 Posted on February 09, 2023 in Divorce

Few people get married with the expectation that they will eventually get divorced. However, even after several decades of marriage, life can bring insurmountable challenges that completely change our expectations of what we thought the future would hold.

This is especially true for people who suffer from degenerative brain diseases like Alzheimer’s or Pick’s Disease. Even if a marriage was rock solid before signs of dementia began setting in, the way that the brain’s essential functions break down with neurodegenerative diseases can quickly make a quality relationship impossible. People who have degenerative brain disease can become very difficult to live with because they may get lost, become aggressive, or even forget how to do simple things like get out of bed and dress themselves. When a degenerative brain disease progresses to the point where a couple can no longer function as a whole, the healthy partner may consider divorce.

Brain Disease Can End a Marriage

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 Posted on February 09, 2023 in Divorce

When people think of "custody" in a divorce, they are nearly always thinking about children. But what about pets? Despite not being humans, they can still feel like members of the family, and the prospect of losing a pet in addition to the other challenges of divorce may feel like too much to bear.

Fortunately, there are solutions to the question of pet ownership and custody after an Illinois divorce. If you are in the divorce process or are considering divorce and are wondering how it could impact your or your children’s relationship with your family pet, read on.

Is a Pet Considered Property Under Illinois Law?

Issues with pet custody are not handled the same way that issues with child custody are. This is because Illinois law treats pets as property - fundamentally the same as any other piece of property, like a house, car, or investment account. For people who own expensive pets as hobbies or investments, such as professional horse breeders, this makes a lot of sense; for people who just love their family dog, this can seem a little callous.

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 Posted on February 02, 2023 in Property Division

On average, people are putting off getting married and having children until their late twenties and early thirties. In addition to giving people more time to accumulate assets of their own, those who wait until later to get married may be more likely to have pets when they enter the relationship. Other times, a couple who is already married might test their ability to keep a helpless creature alive by getting a pet before they commit to trying to have a baby.

However you come to pet ownership, one thing is certain: If you and your spouse end up getting divorced, you do not want your divorce to impact your ability to spend time with your beloved pet. Savvy couples are finding ways to protect their pets from divorce by signing a prenuptial or postnuptial agreement that details pet custody after divorce. How can a prenup or postnup manage a pet? Read on to find out, and then contact an Illinois family lawyer who can help you create an enforceable premarital agreement of your own.

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 Posted on January 31, 2023 in Divorce

A compromise leaves everyone unhappy, as the old saying goes, and nowhere is this more true than with a divorce decree. The hallmark of a good divorce decree seems to be that both spouses are left wishing they had more control over the outcome and that the terms of the decree benefitted them more personally.

Although certain parts of a divorce decree can only be changed in very rare circumstances, other parts can be modified to better suit your circumstances. However, it is important to know when a divorce decree modification petition is likely to be approved so you do not waste time or money on unsuccessful petitions.

Which Parts of a Divorce Decree Can Be Appealed?

The least likely part of your divorce decree to be appealed successfully is the property division part. This is because it tends to be the most unforgiving when it comes to modifications; after all, modifying a property division would require transferring money, investments, or real estate between spouses, all of which can be very expensive and time-consuming. The only time that a property division agreement has a chance of being modified is if the appeal is filed within 30 days of the original divorce decree being handed down, and only then if there was a serious error of fact or application of the law.

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 Posted on January 30, 2023 in Child Custody

Disputes about child custody (known in Illinois as "parental responsibilities" and "parenting time") are unpleasant affairs, whether they occur during a divorce or afterward when parents are trying to rewrite their parenting plan. Although parents are encouraged to come up with a parenting plan on their own, this is not always possible. Personal conflict and disagreements about essential values can make it very difficult to reach an agreement.

When this happens, a judge may become more involved in making decisions about child custody that can seem arbitrary or confusing to the parents. The judge is charged with finding the best interests of the child and then creating a parenting plan that reflects those interests. However, to the parent in the case, the decisions of the judge and his or her reasoning may not be clear. In this blog, we will discuss the factors an Illinois judge is required to consider when determining the best interests of the child.

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 Posted on January 29, 2023 in Divorce

While divorce is typically not a pleasant experience, certain relationships involve a high amount of interpersonal conflict and when high-conflict couples get divorced, the process can become downright nasty. Of course, true abuse or neglect can and should influence the outcome of a divorce, but false accusations have the potential to do so as well. If you are worried your spouse might escalate to the level of accusing you of having hurt or neglected them or your children, you need the help of an experienced family lawyer right away.

How Should I React to Accusations of Abuse or Neglect?

It may appear patently obvious to you that your ex’s accusations are false, but a judge still needs to consider the accusations and weigh any evidence carefully. Therefore, it is in your best interests to be on your best behavior, no matter how outraged, hurt, or confused you may feel by the accusations being made against you.

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 Posted on January 26, 2023 in Divorce and Finances

One of the most challenging aspects of divorce is the need to divide assets and debts that a couple has accumulated during a marriage. A divorcee’s long-term financial stability can feel threatened by this process, as a typical divorce leaves both partners with less in asset ownership and cash savings than they had before the divorce. Naturally, this can have implications for retirement.

Those interested in getting divorced can rest easy, however, knowing that certain things are not changed by divorce. One of these is Social Security benefits, a major piece of one’s overall financial picture. Understanding what your benefits are likely to be can help you plan for the future and engage in wise financial negotiations.

Can My Former Spouse Draw On My Benefits?

If you have made substantially more money than your spouse throughout your marriage, you may be wondering whether your spouse can get their own benefits based on yours - and, more importantly, whether that will reduce the amount of benefits available to you. Whether your spouse can benefit from your work history will depend on a number of factors, but the most important thing to know is that, no matter what your spouse does, your personal benefits will not change. You cannot do anything to deny your spouse benefitting from your Social Security contributions, but their actions will not impact your benefits in any way.

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