How does an Order of Protection Affect Parenting Time When There is “No Contact”?
Shared parenting arrangements can be complicated in the friendliest of divorces, but they can be especially challenging when one spouse or ex-spouse has an order of protection against the other that calls for “no contact” between the former spouses. In those cases, special exceptions may need to be included in the order of protection to accommodate for parenting time for the spouse who has the order of protection against him or her. In addition, the order of protection may need to include a ... Read more ...
Name Change After a Divorce
After a divorce agreement is finalized, it is common for a spouse who changed his or her name for the marriage to change it back to his or her given name or a former name. The process for changing a name after a divorce is fairly straightforward. What can be more complicated is if a minor child wants to change his or her name. For people over the age of 18, name changes take time, patience and plenty of pens and paper, but it is a routine procedure. In Illinois, to change a name after a d... Read more ...
When a Spouse’s Personality Changes Make Divorce a Necessity
Published in the April 11, 2018 edition of the Chicago Daily Law Bulletin Welcome to my regular column, Discourse on Divorce. In this edition, I look at divorces that involve a spouse who has undergone a significant personality change and how attorneys can handle divorces under these circumstances. As part of my practice, it is not unusual to have a scenario in which a spouse decides to file for divorce, even after many years of marriage, stating that their significant othe... Read more ...
What Are My Legal Obligations Towards My Child’s College Expenses After a Divorce?
The legal obligations of a divorced parent to pay for his or her child’s higher education changes from state-to-state. In Illinois, there was some clarity added to the issue with the passage of a new law on Jan. 1, 2016. Public Act 99-90 clarifies the timeframe under which divorced parents are required to contribute to their children’s college expenses. Public Act 99-90 is codified as 750 ILCS 5/513. Under the Public Act 99-90, parents may be required to contribute to educational expenses in... Read more ...
How the New Tax Laws Might Impact Divorce Settlements
In January, the new federal tax laws went into effect. These laws include changes that will impact how the tax code treats a divorce settlement. As it relates to divorce settlements, the most significant change to the tax code involves maintenance (alimony) payments. Since 1942, spouses paying alimony have been able to write-off those payments as a tax deduction and the spouses receiving the payments have had to report the alimony as income. However, the new tax code changes how alimony i... Read more ...
Financial Areas to Address During Divorce Proceedings
There are many areas to consider when going through divorce proceedings, but one of the most important – and often most complicated – is dealing with the various financial implications involved in a divorce. Every couple’s assets are different, which is why it is important to consult an attorney when going through a divorce. However, there are some common financial areas that are addressed in most divorces. Unlike states such as California, Illinois is not a community property state when i... Read more ...
