Who Is Allowed to Live in the House After a Divorce?

During a divorce, there are many questions that need answering. One of the most pressing frequently regards the family home. Not only is the home an important financial asset, but it also taps into deep emotions.   Disagreement over who is allowed to stay in the house and who moves out can be a major point of contention in many cases.   The first question that needs to be considered is what constitutes “marital property”? For the purposes of the court, all property that was acquire...   Read more ...  

How Long Can I Receive Spousal Support?

Maintenance, also referred to as alimony or spousal support, is a legally binding arrangement that involves an ex-spouse continuing to provide financial support to his/her former partner for a period of time after a divorce. So, how long can a person expect to receive spousal support after a divorce in Illinois?   This question doesn’t have a cut-and-dry answer. The amount and timeframe is agreed upon by the parties when finalizing the divorce, or it can be ordered by the judge overseeing...   Read more ...  

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 ...  

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