Posted on July 29, 2022 in Alimony

Infidelity is a common reason for divorce. When one spouse commits adultery, the other is likely to feel betrayed and angry, and they may believe that their partner should be punished for their actions. The strong emotions that affect spouses in these cases may lead to disputes about issues related to a couple’s finances and other aspects of their lives that will be affected by their divorce. A spouse who feels that they have been wronged by their partner may believe that they are entitled to spousal support because the other spouse was to blame for the divorce. However, it is important to understand how the law addresses these issues and determines when spousal maintenance is appropriate.

Spousal Support and Marital Misconduct

Spousal maintenance is a form of support paid by a spouse to their former partner. Spousal support will only be appropriate in certain circumstances, and it is meant to ensure that both parties will be able to maintain their standard of living. Generally, spousal support may be awarded if one spouse has a demonstrated need for support because they earn a lower income than their former partner or because there are factors that affect their ability to maintain gainful employment, such as a disability or the need to stay at home to care for children.

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 Posted on July 21, 2022 in Divorce

Money affects nearly every aspect of a divorce case. The spouses’ financial circumstances influence property division, debt division, child support, spousal maintenance, and more. When a spouse’s income is unknown, a spouse is unemployed, or there are doubts about the accuracy of a spouse’s financial disclosure, the court may impute income. Essentially, when the court imputes income, the court uses estimated income instead of the reported income during divorce-related calculations. If you are getting divorced, it is important to know how imputed income may affect the outcome of your case.

Imputed Income for Child Support or Spousal Support

Divorcing parties are expected to provide truthful, complete financial information to the court. However, some spouses try to evade financial obligations like child support or spousal support by lying about their income. If this happens, the court may use estimated or imputed income instead of the reported income. For example, if a spouse is self-employed and receives cash payments “under the table,” the income will not be reported on a tax return. The court may be forced to impute income.

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 Posted on July 05, 2022 in Prenuptial Agreements

Couples who are entering a marriage should have the expectation of being open and honest with each other. It is important to have a full understanding of the property, assets, and debts that each spouse is bringing into the marriage, as well as how they would be handled in the case of a divorce. While no one gets married expecting a divorce, by preparing a prenuptial agreement, both spouses will be better prepared and better able to avoid future financial disagreements.

Issues Addressed in an Illinois Prenuptial Agreement

Prenuptial agreements can be a sensitive topic, but many couples recognize the potential benefits, especially if one or both of the spouses are entering the marriage with significant assets. The following are issues that can be addressed in a prenuptial agreement:

Identify non-marital property – During a divorce, one of the first steps is to decide which property and assets were jointly owned by the couple, known as marital property, and which is non-marital. Non-marital property is typically that which was acquired by each spouse before the marriage began. Having a prenuptial agreement in place can clearly identify these properties, which will save time and stress during a divorce.

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 Posted on June 22, 2022 in Divorce

We have all made major decisions that we later wish we could undo. When it comes to undoing a marriage, the qualifying reasons under Illinois law to get a marriage annulled are very limited. If your situation does not meet one of the four reasons listed below, you must follow the legal procedures for divorce under Illinois law, even if your marriage has not lasted very long. It is best to work with an experienced attorney who can learn about your situation and guide you through the process.

Qualifying Reasons for an Annulment in Illinois

There are four circumstances in Illinois under which a married couple can have their marriage annulled. Each case also has a time limit before which the Declaration of Invalidity of Marriage must be filed. If the marriage does not meet one of the criteria or the time limit has passed, the couple either must stay married or seek a divorce. The qualifying circumstances and time limits are:

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 Posted on June 15, 2022 in Division of Property

During the divorce process, couples may struggle with how to divide many of their marital assets, including the marital home, investments, and retirement accounts. An equitable distribution will involve give and take and both sides will value certain assets over others. However, many will overlook the marital debts that they have incurred and the importance of distributing them fairly. Both parties must work together to account for all debt before or during the divorce process.

Common Types of Marital Debt

In Illinois, debt incurred by either spouse during a marriage is considered marital debt, unless specified in a prenuptial or postnuptial agreement. This includes debt and loans in both spouses’ names and taken on by just one spouse. Debt that was incurred before the marriage is not typically considered marital debt. Common forms of martial debt are:

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 Posted on June 07, 2022 in Child Custody

People move for a variety of reasons including a new job, better schools, or a chance to be closer to extended family. However, there can be complications with a relocation in the wake of a divorce if you and your former spouse are sharing custody of your children. Indeed, if your move meets certain distance criteria, you are required to seek approval from the court. If you are considering a move, you need to be well-informed about your legal requirements and should know on what grounds your former spouse could contest the move.

Implications of a Relocation in Illinois

In Illinois, when one parent who has primary or shared custody wishes to move, no matter the distance, they are legally required to notify the other parent at least 60 days before the planned date of the move. For relocations above a certain distance, special approval of the court is required because of the potential impact it may have on the existing parenting plan and parental responsibilities. These distances are:

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 Posted on May 19, 2022 in Child Custody

Illinois courts presume that it is best for a child to spend time with both of his or her parents. In an ideal world, this would always be the case. Unfortunately, not every parent is capable of providing the love and care that a child needs. If there are concerns about a child's safety or wellbeing with a parent, the court will restrict parenting time. However, parenting time restrictions are usually the last resort. For a parent's parenting time to be restricted, there must be substantial evidence of serious wrongdoing or safety concerns with the parent.

Reasons for Parenting Time May Be Restricted

Typically, the court does not put any limits on how and when a parent may spend time with their child. However, the court always prioritizes the child's best interest in a divorce or child custody dispute. In some cases, unrestricted parenting time is not in the child's best interest.

 The court may impose a parenting time restriction because:

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 Posted on April 30, 2022 in Alimony

In the wake of a divorce, spousal support payments, also known as spousal maintenance or alimony, can help both spouses maintain a lifestyle that is similar to the one that they were accustomed to as a married couple. The payments are common when one spouse makes a larger income, has greater earning potential, or has more assets than the other. However, spousal support payments can last for years after the divorce, with their length depending on the length of the marriage.

In the years after a divorce, circumstances can change for both spouses and the initial order may need to be revisited. There are various grounds upon which a spouse can petition the court to grant a modification. Cosley Law Office has experience representing spouses on both sides of the support issue and can make sure that you are receiving or paying your fair share after a change in the life of you or your ex-spouse.

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 Posted on April 22, 2022 in Child Support

Raising a child is expensive. Between childcare, housing, food, extracurricular activities, and educational costs, many parents struggle to make ends meet while still providing the life their child deserves. In Illinois, children have the right to receive financial assistance from both parents even if the parents are divorced or never married. Illinois child support orders are usually based on a mathematical formula that considers both parents’ net incomes. This ensures that the child support payments are reasonably affordable while still providing the child with what he or she needs. However, sometimes circumstances change, and the child support order is no longer appropriate. In this case, a parent may want to get a child support modification.

Changing a Child Support Order Due to a Change in Circumstances

When the court enters a child support order, the parents are expected to follow the order. Child support modifications are only granted in certain situations. It is also important to note that parents cannot modify child support on their own even if they agree to the change. Only the court can modify child support orders.

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 Posted on April 14, 2022 in Child Custody

It seems like the world has changed dramatically in the last few years. In many ways it has. Parents who get divorced have an entire new set of obstacles and challenges to face as co-parents.

If you are getting divorced and you share children with your soon-to-be-ex, you will need to make a parenting plan that describes your parenting time schedule and the allocation of parental responsibilities. When you complete your parenting plan, make sure to consider modern issues such as:

Technology and Screen Time

Many parents worry about their children spending too much time on their cell phone, computer, or tablet. Make sure to discuss whether you and the other parent will institute rules about how and when your children use technology. Consider questions like:

• Will our children have a “screen time” limit?
• Will we install parental controls on computers and phones so our children cannot access inappropriate websites?

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