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Common Law Partners Have No Property Division Rights

The Illinois Supreme Court recently upheld a decision which deemed common-law marriages not valid in the state. Since 1979, common law marriage has not been legally recognized in Illinois, and despite significant changes to marriage and divorce laws, this continues to be the case. (Article continues below Infographic) ___ Common Law Marriages in Illinois In order to be legally married in … [Read more...]

How Domestic Violence Impacts Divorce in Illinois

Domestic violence is a serious issue that can have a significant impact on divorce in Illinois. Courts recognize that domestic violence impacts everyone in the home, even if they didn't suffer direct physical abuse. In divorce cases that involve domestic violence, a family lawyer often sees an impact on child custody and parental visitation decisions.. Child Custody In Illinois, the phrase … [Read more...]

Study Examines Factors for Non-payment of Child Support

A recent study found that the two primary reasons why non-residential parents refuse to pay child support are due to a lack of funds or because the residential parent did not allow the other parent to visit the child. This study is notable because, according to the author, it is the first (and perhaps only) study that delves into the reasons that underlie why fathers fail to pay child … [Read more...]

Retroactive Child Support An Option For Custodial Parents

Illinois judges use the power of retroactive child support to help custodial parents to recover some of the costs of child rearing before an official child support arrangement is finalized. Retroactive support is usually applied in one of three cases. Situations Where Retroactive Support Is Available Divorce A divorce attorney may seek retroactive child support in a divorce proceeding … [Read more...]

Child Support Changes on the Horizon

In addition to the numerous changes the Illinois Marriage and Dissolution of Marriage Act (IMDMA) has already seen throughout the past year, the way child support is calculated in Illinois is soon to change as well. Effective July 1, 2017, the use of an income shares model will be implemented to determine the amount of child support to be paid. While the new law may initially create some confusion … [Read more...]

Illinoisans divorce less, marry less

Illinoisans are divorcing and getting married less and less. Two researchers, Stevenson, and Wolfers have found that the divorce rates in Illinois are at their lowest levels in over 40 years. They also note that marriage rates are at historic lows. But that isn’t necessarily bad news, it could be an indication that when people do get married they stay together longer. Stevenson and Wolfers also … [Read more...]

Ensuring Spousal Support According to the New IMDMA

Ensuring Spousal Support According to the New IMDMA The Illinois Marriage and Dissolution of Marriage Act has undergone significant changes in the past several years. Understanding these changes is extremely important, especially regarding spousal support. Spousal support, or alimony, can be ordered at a judge’s discretion. It is essential to have an experienced, knowledgeable family lawyer to … [Read more...]

Illinois updates child custody laws

Illinois enacted changes to its child custody and visitation laws which went into effect in 2016. These changes were done to adapt the laws to needs of the modern American family. … [Read more...]

How a 604(b) Custody Evaluation Works in Illinois

Judges in Illinois will sometimes order a 604.10(b) evaluation when they feel a mental health professional's evaluation of what is in the best interest of the child or children is needed. The evaluation goes beyond what is often done by a Guardian Ad Litem. The 604.10(b) evaluator will interview both parents and any children involved in the custody dispute. They may also conduct psychological … [Read more...]

Creating a Parenting Plan in Illinois

On January 1st, 2016, a variety of new laws pertaining to "child custody and visitation" became effective in the state of Illinois, and with them came an array of new terminology. Child custody became known as the "allocation of parental responsibilities," visitation transformed to the term "parenting time," and the term "parenting plan" effectively replaced "custody agreements," "parenting … [Read more...]