Category: Family Law

Planning for Your Second Marriage

If you are planning to get married a second (or third) time, congratulations! While planning your wedding and honeymoon will no doubt monopolize your time, it is also essential to make time to sit down with an attorney to adjust your estate plan to reflect the changes in your life.   What Do I Need  … Read more

Dissipation of Marital Assets

Dissipation of Marital Assets

At the end of a marriage, emotions are raw and tensions are sky-high. Unfortunately, this is when some people choose to blow off steam or punish their estranged spouse by spending a lot of money on themselves. The state of Illinois has a legal term for this, the dissipation of marital property. The Supreme Court  … Read more

Mother Wins Fight Against Judge’s Ruling That Found Her To Be A Fit Parent And Still Granted DCFS Temporary Custody Of Her Children

A mother was found to be a fit parent of her 2 minor children ages 9 and 10 and a father was found to be an unfit parent, however, the court awarded temporary custody and guardianship of the minor children to the Illinois Department of Children and Family Services (DCFS).  Illinois State Supreme Court Ruling:  … Read more

Wrongful Conviction Settlement Proceeds Ruled Marital Property In Divorce When Conviction Happened Prior To Marriage

Judge’s Ruling: Since the husband’s lawsuit for wrongful conviction accrued during the marriage, it was therefore marital property and subject to equitable distribution to the parties. Facts: Juan Rivera was charged with first degree murder in 1992. The victim had been raped and stabbed multiple times. Incriminating evidence against Mr. Rivera was presented including statements  … Read more

How is Spousal Support Awarded?

First, the court determines whether alimony or spousal support is appropriate for parties by looking at the following factors: Income and Property Needs Present and Future Earning Capacity Impairment of Earning Capacity Time Necessary to Acquire Education, Training, or Employment Standard of Living During the Marriage Duration of the Marriage Age, Health, Skills, and Liabilities  … Read more

Qualified Domestic Relations Orders Explained

A qualified domestic relations order (QDRO) is a court order or judgment that requires that all or a part of a person’s participant retirement benefits be paid to a spouse, former spouse, child or other dependent of the “participant.” Contact my firm for more information. The recipient of the retirement benefits is called the “alternate  … Read more