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family law Archives

Family law issues require experienced Illinois legal help

When an Illinois couple gets married, the goal is that they will have a family and remain together to achieve a happy life. For many, this is the result and they enjoy their lives together battling through inevitable disputes and keeping their marriage intact. For others, however, the issues become too much, and they decide that a divorce is the best course of action. Some divorces are amicable, while others are contentious. Most end up somewhere in between.

A new year means a rise in family law issues and divorce

Many people throughout Illinois will view the new year as an opportunity for a fresh start. It can also include drastic changes, such as deciding to end a marriage. Whether it is a high asset divorce or one of more modest means, the foundation of a dispute can vary and spark one or both spouses to take the necessary steps to end the marriage. While family law issues are generally perceived to have no specific time and date at which they reach their apex, statistics show that certain times in the year have more divorces than others. January is one such time with "Divorce Day" part of the lexicon.

Does Illinois family law allow a joint simplified dissolution?

The prevailing opinion of a divorce is that the couple will be in dispute over every single issue and the case will take extensive time to complete. While that is true in some cases, not all divorces are so acrimonious. Many couples simply determine that their family legal issues cannot be repaired and they are better served to move on. There is no major disagreement and they have decided to part ways as cleanly and quickly as possible. It is in these cases where a joint simplified dissolution might be the preferred option.

What warrants family legal issues with failure to support?

When there is an order for a former spouse to pay spousal support, a parent to pay child support or both in Illinois, it is a legal obligation for the supporting spouse to make the payments on time and in full. When these payments are not made, there is the likelihood that a non-paying spouse or parent will face charges of failure to support. Understanding the law and when there will be a failure to support charge is critical to dealing with these family legal issues.

What is non-marital property in Illinois property division?

When an Illinois couple prepares to get a divorce, there are many issues that will be in dispute. Obviously, at the forefront will be children, custody and parenting time. Spousal support will be an important consideration as well. As with any marriage, there will be property that the couple owns. This can be a topic for rancor and disagreement. As they move forward to part ways, it is inevitable that there are items that both sides will want. Understanding what is marital property and non-marital property is key as this is often the determinative factor in who gets what. Marital property is that which the parties acquired after they were married. This includes any debt or obligation.

How are alimony payments determined?

Illinois and Indiana residents who are considering divorce may be concerned about the emotional impact marriage dissolution may have on them and their family. While the emotional toll can be significant, so, too, can the financial ramifications. Property division can dictate who receives the family home and certain retirement accounts, and noncustodial parents are often ordered to pay child support. Another major financial issue that often accompanies divorce is alimony, which is also referred to as spousal support.

Family law: what is the right of first refusal?

When Illinois and Indiana couples have a child in common but don't live together, it can be difficult to hash out visitation that is fair under the circumstances at hand. It can also be challenging to ensure that both parents are kept up-to-date about everything pertaining to the child. This often leaves parents afraid that they will be pushed out of their child's life. One thing that could help alleviate this concern, though, is the utilization of the right of first refusal.

Facing child custody or visitation issues? Help is available

The marriage dissolution process is one that can be fraught with emotions. Property division can leave you feeling stressed out about your financial future, and so, too, can discussions regarding alimony. However, if you have children, then a significant amount of your focus will be on child custody and visitation arrangements. Although some Illinois and Indiana residents are able to resolve these issues in a fair and amicable way, others find themselves butting heads with their child's other parent.

Property division during the divorce process

Divorce, while sometimes emotionally ravaging, can also be financially devastating when not handled appropriately. This is often because property division and other financial matters, such as child support and alimony, are addressed during the marriage dissolution process. Property division can address a number of matters, too, including a marital home, bank and retirement accounts, pensions and personal property such as vehicles, jewelry and even the family dishes.

Substance abuse can justify child custody modification

If you've followed the news at all recently, then you are aware that there is an epidemic of opioid abuse that is taking the nation by hold. While those who abuse illegal and dangerous drugs like heroin can pose a danger to themselves, they can also put their children at risk of physical and emotional harm. To start with, children who live in homes where substance abuse occurs are more likely to be the victims of physical and sexual abuse. But even those children who are not victimized can be negatively affected by witnessing instances of violence within the home.

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