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Recent Blog Posts
Unmarried Fathers: Protecting their Rights in Illinois
When a child is born to an unmarried father, it is extremely important that he take the necessary steps to protect his rights. It is presumed in Illinois that the husband is the legal father of the child born to a married woman. However, automatic legal rights are not given to the biological father when a child is born to an unmarried woman, even if the relationship between the mother and father has been long-term. Only by legally establishing paternity may a biological father seek custody or visitation rights.
Legal Paternity Must be Established
Establishing paternity should be done as soon as possible after the birth of the child. Under Illinois law, there are three ways in which an unmarried father can establish legal paternity.
If unmarried parties are in agreement on paternity of the child, both parents may sign a Voluntary Acknowledgement of Paternity. This is a legal document that may be provided to the parents for signature when the child is born. This form is also available online or from the Department of Human Services, Child Support Services, or from the County Clerk’s office. The Voluntary Acknowledgement of Paternity is the simplest method of establishing paternity that is recognized in Illinois. However, it requires both parties’ agreement.
Post-Divorce Insurance Considerations
A divorce brings significant changes, and it takes time for individuals to reorganize their affairs. Insurance coverage will commonly change when a divorce takes place, and potential issues and increased financial obligation should be recognized and prepared for in advance.
Medical Insurance
In most cases, insurance coverage for children will not be interrupted as they will be eligible to continue coverage under either parent’s employer’s health insurance policy. The parent providing insurance coverage for the children is not required to be the custodial parent. In any case, as part of the divorce settlement, insurance coverage for the children should be clearly defined.
On the other hand, new divorcees typically must seek new coverage once a divorce is finalized. Those who had insurance provided by their spouse’s employer, and who do not have access to their own employer’s insurance plan, must replace that coverage. Though generally a more expensive option, COBRA is available to an employee’s ex-spouse for up to 36 months following a divorce. For many individuals, private insurance is the preferred, more cost-effective option.
Attorneys Advise Parties to Beware of Quick Divorce Gimmick
Most adults are familiar with the old adage “if it seems too good to be true, it probably is”, and they have likely gained enough life experience to conclude it is reliable in most circumstances. Through trial and error, we learn how to recognize a non-reputable claim, and to make informed decisions.
Too Good to be True
The guarantee of a ‘weekend divorce’ – a flat-fee, quick-divorce completed in a weekend – should immediately bring this saying to mind. Nothing more than an irresponsible gimmick preying upon vulnerable couples seeking a fast, cheap way to end their marriage, and a ‘weekend divorce’ is definitely too good to be true.
One has to assume that these claims are made by attorneys whose offices are not attracting new clients based on their own integrity, reputable advertising or past client referrals. Instead, desperate attorneys have put aside the best interest of the client, and made unrealistic promises in an effort to increase business.
How Long Does It Take to Complete a Divorce in Dupage County?
That’s another very common question we get asked a lot, and it’s another one that can vary greatly from case to case. There are a lot of factors involved in the length of your case, but the primary factor relates to the level of agreement between the parties. If the parties are largely in agreement on most issues, then the case can be over quite quickly. In a situation where the parties have come to complete agreement, and they just need a lawyer to memorialize this in a settlement agreement and make sure the parties have addressed all issues required by statute, the case can be completed expediently, often times in 60-90 days.
On the flip side, if there are some issues that are outstanding, and that have to be brought before the court, the case can drag out for some time. This is because the court system is designed to be fair, not fast. With court filings everything has deadlines and time periods. Once a motion is filed on an issue, then the other side is given time to file a response, and then a hearing is set. The timeline for a single motion can easily be over a month or longer from initial filing to resolution. If parties find themselves in a position where they do not agree on much of anything, this can cause a divorce to go on for quite some time if numerous issues have to be brought to the judge for resolution.
Using a Guardian Ad Litem in Divorce
When parents are going through a divorce, they understandably place a lot of emphasis on their children and how they will be affected. Even when parents are amicable, decisions involving the children can be difficult and discussions emotionally charged. One of the most important decisions involving the children in a divorce is that of custody, and sometimes due to the sensitive nature of the case, it cannot be left solely to the discretion of the parents.
In a case where there is much contention over custody or parenting time, or other issues with regard to the children, and the custody decision falls on the court, a Guardian Ad Litem (or “GAL”) may be appointed to represent the interests of the children. The GAL is an attorney who will be neutral as far as the parties are concerned, not favoring one parent over the other.
When is a Guardian Ad Litem Necessary?
Understanding Qualified Domestic Relations Orders for Division of Retirement Accounts
When a divorce settlement is final, the legal document known as the Martial Settlement Agreement will detail how a divorced couple’s marital assets will be divided. This includes all substantial property, including retirement plans. In order for the division of a retirement account to take place there may be the need for a legal mechanism, referred to as a Qualified Domestic Relations Order or QDRO (pronounced “quad row”).
What is a QDRO?
Simply put, a QDRO is a court order which recognizes an alternate payee’s ownership of a portion of an employee benefit or pension plan subject to ERISA (Employment Retirement Income Security Act), a federal law dating back to 1974 that provides structure for the types of retirement accounts available to employees.
Preparation of a QDRO is a multi-step process, and it is important that it be prepared properly. When seeking a divorce attorney, include questions about experience completing QDROs, what the office’s process is, and the approximate cost.
New Maintenance Guidelines Will Take Effect in Illinois
Recently, Illinois passed a new statute for the calculation and award of maintenance that is effective January 1, 2015. Until now, there has been no specific guideline for determining maintenance, as there is for child support in Illinois. Judges could use their own discretion in the final decision of the amount and duration of an award of maintenance.
Prior to this change, the court primarily considered twelve factors which are set forth in the statute before awarding maintenance. These factors include but are not limited to the length of the marriage, the ages of the husband and wife, the income of each party, and the standard of living established during the marriage.
Under the new statute, these twelve factors are still considered to determine if maintenance will be awarded. However, if maintenance is deemed appropriate, there are now guidelines for the judges to follow with regard to the amount and duration.
With regard to the amount of maintenance awarded, these new guidelines will apply in cases where the total income of both parties is less than $250,000, and no multiple family situation exists. Maintenance is now determined by taking 30 percent of the payor’s gross income minus 20 percent of the payees’s gross income. The resulting figure is the maintenance amount. However, when the maintenance is added to the payee’s gross income, the statute also sets forth that the resulting number cannot be greater than 40 percent of the parties’ combined gross incomes.
What Exactly Is Divorce Mediation?
When considering divorce and beginning the research process, you will come across many terms describing methods of negotiating a divorce settlement. It is important for you to acquaint yourself with these terms, and discuss them with an attorney, to ultimately choose the divorce approach that is best suited to your situation. Mediation is a term that you will likely come across when researching divorce, and while not appropriate for every divorce, it is a viable option for some couples.
The Basics of Mediation
By definition, mediation is “intervention between conflicting parties to promote reconciliation, settlement, or compromise”. In mediation, a neutral third-party, called a mediator, is hired to meet with a couple to hear, discuss and resolve the issues of a divorce. Mediators do not make decisions for a couple, but rather facilitate conversation and assist couples in reaching agreements that are best for both parties. Using mediation is voluntary, and all parties must consent to participate in good faith and work together toward resolving issues. However, parties are not bound to resolve their dispute.
Technology Can Be Used Against You in a Divorce
One thing few couples consider when beginning a divorce is the impact that technology will have on their proceedings.This is especially true in heavily contested cases. Your attorney is not allowed to tell you to go out and purge your various social network platforms, nor should you. It would be prudent, however, to be careful with social media and other technologies, and to use common sense. Often parties will post a picture or a status update in order to elicit a response from a spouse. However, is the status update airing your spouse’s dirty laundry or that photograph of you and the new significant other on vacation together something you want your spouse’s attorney holding up in front of the judge in your case? Besides social media postings, the following are things to consider when going through a contested divorce.
Be Careful With Your Passwords
If your password for your personal accounts are something your spouse knows, you may want to change them. These could be for anything from email to banking/retirement accounts. Account balances and information are shared during the discovery phase in a divorce, but there have been instances when one party guesses an account password, quickly liquidates the account and either makes a purchase, pays off a personal debt, or money simply vanishes. While there are legal processes to try and recover and offset these actions, they can be very costly and time consuming once the damage has been done. As for email passwords, you may think that you have nothing to hide. However, it is easy for a spouse to gain personal and confidential information by simply monitoring your correspondences, especially if you communicate with your attorney via email. While this type of monitoring behavior does take place, it is both improper and unethical. Any attorney who becomes aware of this behavior should advise their client to immediately cease monitoring their spouse’s communications.
The Holiday Season: During and After Divorce
The holiday season is stressful for many, often requiring so much time and energy we find ourselves enduring this time instead of enjoying the beauty of the season. Add a recent divorce or going through the divorce process to this time of year, and it can become difficult to feel like celebrating at all. Especially when dealing with a divorce, it is important to hold on to some traditions and remember that the holidays are about peace, sharing, gratitude and love. All things that are most needed in times of distress. The way that you spend the holidays may change after divorce, but over time new traditions and memories will be created.
Keep it Simple
Simplifying your holiday season in stressful times is an important goal. Start by accepting a friend or family member’s offer to prepare the holiday meal, narrowing down your gift-giving list, bringing out only your favorite holiday decorations, and using downtime for yourself instead of over scheduling. After a divorce is a perfect time to consider what YOU want to prioritize during the holidays, and focus on only those things.
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