Posted on February 16,2021 in Illinois Divorce

As the 2021 tax filing deadline approaches, you may have questions about how your recent divorce will affect the filing process. The financial aspects of divorce can have a variety of tax implications, one of which is the filing status you will use when completing your tax return. Depending on the situation, you may have options when it comes to your filing status, which in turn can significantly impact your tax obligations.

How to Determine Your Filing Status

If you have recently begun or completed the divorce process, your 2021 tax filing status may depend on several factors, including the date of your divorce and the terms of the resolution. In most cases, your filing status will be one of the following:

• Married filing jointly - It may seem strange to file as married when your marriage is ending or has recently ended. However, your filing status for 2021 depends on your marital status as of December 31, 2020, so if you were still legally married at that time, you have the option to file jointly. If you and your spouse are able to do so, there may be significant benefits, including the larger standard deduction for married couples.

  Continue Reading ››

 Posted on February 09,2021 in Child Custody & Allocation of Parental Responsibility

While married parents are often able to work together to provide for their children and make important decisions about their well-being, the task of co-parenting can be more complicated after a divorce. Divorced parents often need to find a way to coordinate matters regarding their children while living in different homes, and this can be further complicated when there is a certain degree of conflict between the two parents. Matters related to a child’s health and medical needs can be some of the most challenging for divorced parents, especially at a time when health issues are front and center in the public eye.

Which Parent Makes Decisions About a Child’s Health?

Part of the allocation of parental responsibilities during the divorce process is determining how parents will share decision-making authority for their children. Typically, a parent has responsibility for the child’s day-to-day health and routine decisions during his or her scheduled parenting time. This includes fulfilling the child’s needs related to nutrition, sleep, and hygiene, as well as any regular medical needs. If the child has a medical or health emergency during a parent’s parenting time, that parent also has the responsibility to make appropriate decisions to respond to the situation.

Continue Reading ››

 Posted on February 02,2021 in Child Custody & Allocation of Parental Responsibility

Many parents who are going through the divorce process are able to set aside at least some of their differences to work together on a parenting agreement that serves the best interests of their children. However, there are also divorces in which parenting time and parental responsibilities are a major source of conflict, and not just because the parents have trouble getting along. In some cases, a parent has concerns about their children spending time alone with the other parent, which may lead them to pursue parenting time restrictions.

Illinois Parenting Time Restrictions

It is important to note that just because one parent is granted a greater share of parenting time or parental responsibilities, that does not necessarily mean that the other parent’s time or responsibilities are restricted. The court will usually prioritize a parenting plan that allows each parent as much time as possible with the children. That said, the children’s best interests are the most important consideration, and sometimes children benefit from more time living with one parent to allow them to maintain their education and after-school routine with minimal interruptions.

Continue Reading ››

 Posted on January 27,2021 in Child Custody & Allocation of Parental Responsibility

Getting divorced and moving to a new location are both significant sources of stress in a person’s life, and the stress can be compounded when one happens soon after the other. A parent seeking to move with his or her children after a divorce is often especially complicated, as it can have a major impact on the other parent and his or her ability to maintain a relationship with the children.

In Illinois, parents who intend to relocate a certain distance away from their children’s current residence must obtain approval from the other parent or the court, but in most cases, this approval is just the beginning of the legal action necessary for the relocation to take place. Parents will also often need to consider substantial modifications to their current parenting plan or agreement, especially regarding parenting time.

Continue Reading ››

 Posted on January 20,2021 in Illinois Divorce

Some states require a waiting period during which a married couple must be separated before a divorce can be finalized, and Illinois used to be the same. However, since 2016, an Illinois couple can proceed with a divorce at any time as long as one of the spouses has been an Illinois resident for at least 90 days and the marriage has broken down due to irreconcilable differences. That said, while a legal separation is no longer a necessary step on the path to divorce in Illinois, it is still an option, and you may have questions regarding whether it is a good idea in your case.

Potential Benefits of Legal Separation

Many married couples choose to live apart from each other while considering a divorce. If you and your spouse have already taken this step, but you are not yet sure that you want to initiate divorce proceedings, you can instead petition for a judgment of legal separation. Doing so offers several possible legal benefits, including:

Continue Reading ››

 Posted on January 13,2021 in Child Custody & Allocation of Parental Responsibility

For many years in Illinois, issues regarding children in a divorce were referred to under the umbrella term of “child custody.” However, since 2016, this term is no longer used in state law statutes, with the relevant issues instead identified as “parenting time” and the “allocation of parental responsibilities.” Parenting time is fairly straightforward, as it refers to the time that the children will spend living with each parent on a regular basis. However, you may have questions regarding what exactly it means to allocate parental responsibilities between you and your spouse during the divorce process.

What Parental Responsibilities Must Be Allocated in an Illinois Divorce?

Illinois law states that during a parent’s allocated parenting time, he or she has the authority to make “non-significant” decisions related to the child. This encompasses a wide variety of routine decisions and allows a person the freedom to parent without worrying that every action may potentially violate the divorce resolution. However, certain decisions are considered significant and must be addressed directly in a parenting agreement. These significant decisions include those related to:

Continue Reading ››

 Posted on January 06,2021 in Paternity

Whether you are a child’s mother or father, establishing legal paternity provides important benefits for both you and your child, including court-ordered child support, other benefits for the child, such as health insurance and inheritance, and parental rights for the father. In Illinois, you have a few different options for establishing paternity, depending on the willingness of both parents to cooperate with the process.

It is important to note that if the parents are legally married at the time of a child’s birth, parentage is presumed without the necessity of any further legal action. The same can be true if the parents were previously married within 300 days of the child’s birth, or if they get married after the child’s birth. If none of these situations apply to you, you will need to take one of the following steps in order for a person to be legally recognized as the child’s father.

Continue Reading ››

 Posted on December 29,2020 in Illinois Divorce

In Illinois, spousal support or maintenance is not a guaranteed part of all divorce orders; rather, it is generally only ordered if one spouse has a financial need and there is an imbalance in income and assets between the two parties. As a result, it can often be a contentious part of the divorce process, as the two parties may have different ideas as to whether a spousal support order is justified. This contention may continue even after the divorce is finalized as both parties’ circumstances change. If you have been ordered to pay spousal support and you believe that you should no longer have to do so, you may have legal options to pursue the modification or termination of the spousal support order.

Reasons to Modify a Spousal Maintenance Order

You should know that it is usually not possible to stop paying spousal support simply because you are angry or upset with your ex-spouse. Rather, you will need to demonstrate to the court that there has been a substantial change in circumstances that justifies a reduction to your obligation. Possible reasons for a modification include:

Continue Reading ››

 Posted on December 22,2020 in Illinois Divorce

For business owners, the division of marital property required in the Illinois divorce process can be challenging regardless of their spouse’s involvement or role in the business. However, if you and your spouse are business partners as well as life partners, the process becomes even more complicated. In order to ensure a fair outcome that protects your interests, you should work with an experienced divorce attorney who can advise you on the implications of your decisions.

Are Businesses Considered Marital Property in Illinois?

While a business that you owned prior to your marriage may be considered your personal, non-marital property, a business that you or your spouse founded or acquired during your marriage is usually considered marital property, even if the other spouse is not involved. If you and your spouse started or purchased a business together during your marriage, there is no question that it will be an important consideration in the division of marital property, and the same is likely true if your spouse became a partner in a business that you already owned. You may even have a business contract that further defines the terms of your partnership outside of your marital relationship, and such a contract will likely influence your options for dividing the business in your divorce.

Continue Reading ››

 Posted on December 15,2020 in Illinois Divorce

When you are getting a divorce, reaching an agreement on parenting time can be challenging both emotionally and logistically. It is often hard for parents and children alike to adjust to an arrangement in which they no longer live with each other full time, and with the schedules of several different people to consider, it may be hard to find a solution that allows both parents to make the most of their time while interrupting the children’s routine as little as possible. It is important to think carefully as you create your initial parenting plan and to be open to change in the coming years if necessary.

How to Create a Parenting Time Schedule

During the divorce process in Illinois, the court will usually ask each parent to submit a proposed parenting plan that addresses many important issues regarding parenting time, including a schedule of days to be spent with each parent, plans for transportation between homes, provisions for holidays, and other extenuating circumstances, and provisions for the process of modifying the plan in the future. The court will issue a decision after reviewing both parents’ proposed plans. However, if the parents are able to work together to create a plan, the court will often approve of it as long as the proposed plan is in the children’s best interests.

Continue Reading ››