Illinois Family Law & Divorce

There are several ways that a divorce case can be resolved: litigation, arbitration, mediation, attorney-assisted mediation, collaborative divorce, and cooperative divorce.  In this article, we will explain collaborative divorce and cooperative divorce as alternative dispute resolution techniques in marital dissolution cases, and compare the pros and cons of each.  

COLLABORATIVE LAW DIVORCE

In a collaborative law divorce, the parties will each hire their own attorney.  Each party will meet one-on-one with his or her attorney to discuss what he or she would like to accomplish in settlement, as well as the minimum acceptable result.  Both parties and both attorneys will then sign a "Participation Agreement," in which everyone involved commits to the collaborative divorce process, which usually consists of the following clauses:

Both parties and both attorneys will then sign a "Participation Agreement," in which everyone involved commits to the collaborative divorce process, which usually consists of the following clauses:

• The parties will agree to participate in the process in good faith and to freely and openly exchange information;  
• The attorneys will be bound by the Participation Agreement to withdraw from representing their clients ;
• The parties will agree to maintain the status quo regarding their children and assets during the course of the negotiations, unless mutually agreed otherwise.; 
• The parties  will set forth the conditions under which the collaborative divorce process can be terminated without an agreement. 

This article will review section 513 of the Illinois Marriage and Dissolution of Marriage Act which grants the Court the authority to order a parent to help pay for a child’s college education.

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In this article, we will explain what happens if the parties to an Illinois divorce reconcile and decide to call off the divorce.  We explain dismissal of divorce proceedings, suspension of the divorce via the court’s reconciliation calendar, and remarriage after the divorce is final.  

In this article, we answer the question "Can you appeal a temporary order during an Illinois divorce case?" We also unpack the following relevant questions: What is a temporary order?, Can temporary orders be appealed before the final judgment?, What type of temporary orders are appealable in divorce cases?, and What is the process of appealing a temporary order?

In this article, we discuss the removal of a child from a parent based on findings of neglect and answer the following questions: what is the statutory definition of a “neglected minor?”, what factors does the court consider in determining a finding of neglect?, what constitutes medical neglect?, and is subjecting a minor to a violent environment a form of neglect?

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In this article we explain the definitions of child abuse and chid neglect in Illinois according to the Abused and Neglected Child Reporting Act (325 ILCS 5/) .  

In a previous article, How to Remove a Child From the Parent’s Custody, we explained how to report child abuse or neglect to the DCFS, what types of professionals are responsible for reporting abuse or neglect, the penalties for failing to report, and the process that occurs after child abuse or neglect are reported.  We also explained how to directly file a petition to have the State’s attorney remove an abused or neglected child from the parent’s custody.  

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This article will review the Federal mandates to the state and Illinois State laws that address the return of a child or children placed in foster care. The first goal of foster care is to bring the family safely back together. However, before a child or children can be reunited with their parents, a “permanency plan” must be in place.

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In this article, we explain what happens if one parent makes false allegations of child abuse against the other parent in an Illinois child custody case.  For a broader discussion of how Illinois courts determine parenting time and responsibility, check out our article: Illinois Parenting Laws 2019.

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In this article we explain how to establish parentage (or paternity) in Illinois including: what is parentage?, why is establishing parentage important?, establishing parentage by completing a Voluntary Acknowledgment of Parentage in Illinois, establishing parentage by obtaining a judicial parentage order in Illinois, and establishing parentage through an administration determination of Paternity or Nonpaternity through the Illinois Department of health care and Family Services.

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In Illinois, paternity is presumed if a couple is married, and they have a child during the marriage. Furthermore, if the mother was married or in a civil union for up to 300 days before the birth of a child, paternity is also presumed. If a couple who is not married has a child, specific steps can be taken to prove paternity for legal reasons.

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In this article, we explain how to enforce a parenting agreement in Illinois. We discuss the ramifications of a party not complying with the terms of an allocation of parental responsibilities judgment under the Illinois Marriage and Dissolution of Marriage Act. While a party may think, “If I don’t exercise my parenting time, my ex-spouse will have more time with the children and therefore everyone wins,” the act of not exercising allotted parenting time can have various consequences ranging from financial penalties to loss of future parenting time. Those consequences are discussed herein.

In this article, we will examine the important details of Illinois parenting plans to determine the allocation of parenting time and responsibility in divorce and paternity cases, including how to file a parenting plan, what’s typically included in a plan, what happens if parents can’t agree, and what happens once the plan becomes an order.

Prior to July 1, 2015, the amount and duration of spousal maintenance awards in Illinois divorces, also known as alimony or spousal support, were determined at the discretion of the court by the judge weighing several factors specifically listed in the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/101, et seq.) (the "IMDMA").  However, in 2015,  law was passed that changed this calculation.  

According to the new law, the court will weigh these factors to determine whether maintenance is appropriate.   However, if maintenance is appropriate, the court is now instructed to use specific formulas to determine both the amount and the duration of the award in most cases.  In certain cases, courts are permitted to deviate from the statutory formulas, in which case the divorce court will use the statutory factors to determine the amount and duration of the maintenance award.  

The Legislature has set forth the conditions and the calculations for how spousal maintenance is determined. This provision ensures that both parties can live in a fashion that they became accustomed to during the marriage.

This article will discuss how a divorced individual might inadvertently terminate their alimony (now called maintenance) in Illinois. We will answer the following questions:

• How is alimony calculated in Illinois?
• How long does alimony last in Illinois?
• What actions cause the termination of alimony in Illinois?
• Can my actions before the divorce affect alimony?

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In this article, we will explain how child support works in shared parenting situations (formerly known as “joint custody”) in Illinois.  We will explain illinois child support law prior to 2017 and how the law changed in 2017 when Illinois adopted the “income shares” model of child support.  We will explain the definition of a shared parenting situation and how Illinois child support is calculated differently in shared parenting situations.   

In a child custody proceeding, the court will make its determination of custody issues based on the "best interest of the child."  The best interest of the child is determined on a case-by-case basis by weighing several factors listed in the Illinois Marriage and Dissolution of Marriage Act (IMDMA) as well as any other factors that the court finds relevant, including those that have been developed by case law. 

‍The factors listed in the IMDMA are:

• The wishes of the parents; 
• The wishes of the child; 
• The interactions and the relationships between the parents and the child; 
• The child's adjustment to his or her home, school, and community; 
• The mental and physical health of both the parents and the child; 
• Whether abuse has occurred either to the child or to any other person; 
• Whether the parents have the ability to cooperate; 
• The living situation of the parents; and
• Whether either of the parents is a sex offender.

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