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Who Keeps the Dog in a Divorce?
Every pet owner will, more often than not, consider their pet one of the family. However, in the case of a divorce, the family dog is seen as more like marital property. Thankfully, the Illinois Marriage and Dissolution of Marriage Act does provide some provisions for custody regarding companion animals. A divorce lawyer can review this and more with you during the consultation.
What is Marital Property?
Marital property and marital assets are property you and your spouse have acquired throughout your marriage. Even things solely in your name alone, if created, received, or acquired during the marriage, are then subject to division in court. The only exception is gifts or inheritance received specifically awarded to one spouse. This is considered personal property. So long as no personal assets are commingled with marital assets, it can remain the owner's sole property even in a divorce.
Can Spousal Maintenance Be Modified in Illinois?
Spousal maintenance can be modified at the discretion of an Illinois judge should they find that a substantial change of circumstances has occurred after the original order was entered. Depending on the judge’s assessment, the amount can be increased, decreased, or terminated. A skilled lawyer can help you determine if modifications to spousal maintenance are possible.
What Situations Can Terminate Spousal Maintenance?
Typically, only three major situations will terminate currently court-ordered spousal maintenance: Cohabitation, getting remarried, or death. Any of these three to terminate spousal support payments will require having a motion to terminate maintenance filed with the court. Here is what those situations mean:
What Happens If I Do Not Pay Child Support?
Both parents have financial obligations to their children. The non-custodial parent is legally required to continue supporting their children with the court-appointed amount of child support. Failure to do so can result in wage garnishment, contempt of court, a driver’s license suspension, and a possible criminal conviction. To avoid these penalties, you must continue to pay what is owed. It can also be beneficial to bring in an experienced divorce attorney to help modify court-ordered child support if you are having difficulties making timely payments.
What is Wage Garnishment?
An employer can withhold a certain amount of your earnings to pay back child support. Doing this would require the owed parent to enter a request through the Illinois Department of Healthcare and Family Services Division of Child Support Services (DCSS). The employer must withhold the requested amount or be liable for the accumulated amount that should have been withheld.
4 Debunked Myths on Illinois Child Custody
No two cases for the allocation of parental responsibilities are exactly alike. Each is unique in its way, and as such, the outcomes will vary. Though there are consistencies among cases, there are also many misconceptions about how the results of some cases come to be. An attorney experienced in divorce and parental rights cases can better help you understand the truth and cut through the endless array of myths.
1. Joint Custody is Automatically Presumed to Be in a Child’s Best Interests
- A court will look at many factors before deciding on custody. Joint custody is not a starting point when reviewing such cases. The reason for this is that not all families are cut out for joint custody. In some situations, joint custody would do more harm than good, especially if the aspect of family and domestic violence looms. The court will not make the presumption of joint custody but instead, determine the best interests of a child through careful thought and deliberation.
5 Reasons for a Postnuptial Agreement
A postnuptial agreement is not unlike a premarital agreement, with the key difference being that it takes place during a marriage rather than before. Postnuptial agreements have increased in popularity in recent years and are a great way to secure assets in the event of a divorce. An attorney experienced in postnuptial agreements is a solid investment when the time comes to draft one yourself.
Protect Future Assets
It is not uncommon for a couple to want to define their property rights should a divorce occur. Illinois law states that marital assets must be divided fairly and equitably between a divorcing couple. This means that you could see property that you think belongs to you, split between yourself and your soon-to-be ex-spouse in a divide you may not think is fair. Postnuptial agreements can put the divide in the hands of you and your spouse. One can act as a safety net against future property division in divorce cases.
Signs a Divorce May Be Imminent
“Everything was great, then out of the blue it all changed.” How often have you heard this uttered from divorced couples’ mouths? Individuals such as these never imagined or saw how imminent their divorce was until it was too late. Perhaps you are in a similar situation or feel that things have started to change for the worse in your marriage. You are not alone. Couples are divorcing more and more every year and one of the major things to blame is not noticing the early warning signs.
A marriage is meant to be sacred and binding. However, not every married couple goes on to live happily ever after. With divorce being more common now than ever before, it is important to consult a divorce attorney to assess your situation and make sure you come out of it better in the end.
Understanding the Signs
Disagreements, obstacles, and challenges are just some of the things one should expect when entering the covenant of marriage. It is when communication breaks down, disrespect becomes a long-standing pattern, and intimacy falls by the wayside that you should begin to worry.
Important Things to Include in an Illinois Parenting Plan
A parenting plan outlines how two parents will share the responsibility of raising their children after divorce or separation. They are important because they can help to reduce conflict between parents and provide stability and consistency for children. They are also necessary as part of a divorce decree including minor children.
When choosing a lawyer to help you with your parenting plan, it is important to choose one with experience handling divorce and child custody cases. You should also feel comfortable with whom you choose and trust them to represent you and your child’s best interests.
Requirements of an Illinois Parenting Plan
Illinois law requires parents to decide on who has decision-making responsibility over a child. The responsibilities include a child’s health care, education, and religious upbringing. Parenting plans must also include a parenting time schedule describing the division of the children's time between the parents. This may include a weekly schedule, a holiday schedule, and a summer vacation schedule.
My Neighbor Called DCFS On Me. What Should I Do?
A good neighbor may show concern for a child’s well-being if they fear for the safety of that child. On the other hand, they can also be extremely nosey or toxic in some circumstances. Regardless of someone’s motivation, when a call about potential child abuse comes through, the Department of Children and Family Services (DCFS) is required to look into any issues that may concern a child’s well-being. The DCFS is a government agency that is responsible for protecting children from abuse and neglect.
There are some things to expect when a neighbor calls and provides a report to DCFS. For any questions or concerns about a DCFS investigation, you should contact an attorney. They can help ease your worries and provide information on how to navigate the process.
What to Expect During a DCFS Investigation
Within 24 hours of the first hotline report, DCFS will assign the case to a Child Protection Investigator (CPI). DCFS has 60 days to complete the investigation to provide evidence of your child’s abuse or neglect and decide if they are at further risk. The deadline can be extended if the CPI investigator can show a good reason for it and receives approval from their supervisor.
What Types of Child Guardianship Are There in Illinois?
Child guardianship is an arrangement where a court legally appoints one person or more to care for a child who is unable to be cared for by their parents. This can be due to a variety of reasons, such as parental death, disability, or abandonment.
There are three main types of child guardianship in Illinois:
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Plenary guardianship
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Standby guardianship
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Short-term guardianship
Child guardianship can be a complex and emotional issue. However, with the help of an experienced attorney, you can navigate the process and ensure that the child's best interests are protected.
Plenary Guardianship
Plenary guardianship is the most comprehensive type of guardianship. The Probate Act of 1975, gives a guardian full authority to make decisions about a child's person and estate. When the court grants plenary guardianship, a guardian has the same rights and responsibilities as a parent. This includes decisions about a child's care and upbringing, such as where they will live, what school they will attend, and what medical care they will receive. The guardian also has the authority to manage a child's money and property.
Can You Divorce Someone in Illinois Without Them Knowing?
In Illinois, you cannot legally divorce someone without their knowledge. Both spouses must be served with divorce papers before the divorce can be finalized. There are a few exceptions to this rule, but they are very limited.
Considering a divorce but not sure how to go about filing? Speak with an attorney to discuss your options as soon as possible. An attorney can help you understand your rights, provide guidance, and legally represent you in court if necessary.
What Are the Requirements to Get Divorced in Illinois?
It is important to know the location of your spouse during a divorce for a few reasons:
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To serve them with the divorce papers
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To discuss the terms of the divorce with them
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