58 North Chicago Street, Suite 404, Joliet, IL 60432

Call Us815-885-5980

Reeder & Brown, P.C.
Recent blog posts

Joliet uncontested divorce lawyerFor some couples who are ending their marriage on mutual terms, the divorce process can proceed in a more collaborative manner. You both may agree that it is time to end your marriage, and largely agree on how to divide your assets and responsibilities. This is certainly not the case in many divorces, but for those couples who do, an uncontested divorce may be an option.

Benefits of an Uncontested Divorce

Even in an uncontested divorce, a couple must come to a resolution on many key issues, including dividing their marital property and whether one spouse will provide spousal support or alimony to the other. Marital property commonly divided in a divorce can include large assets including retirement savings and the marital home. If the couple has children, they additionally must address the allocation of parental responsibilities, how parenting time will be divided, and how child support payments will be made and at what amount. These do not all have to be decided before you start the process, but it helps when there are no major points of contention.

Here are some benefits to an uncontested divorce:

...

Will County family law attorneyLosing your job or having your salary cut can present you with several financial challenges. If you have been through a divorce and are providing child support, you may be wondering how you will keep your required payments going. When tough times hit, you do have the option to modify your monthly payments to keep providing for your children while adjusting to your new situation. Working with a knowledgeable attorney who can help you through the modification process is helpful.

Child Support Payment Calculations in Illinois

After a divorce, both parents are responsible for providing for their children. This includes their basic needs like food, housing, health, clothing, and education. During the divorce process, formulas are used to calculate how much each spouse should be providing for child support. The level for each parent is determined by combining their total net income and allocating an equitable share to each parent. While they are primarily based on each spouse’s income at the time, they also consider the allocation of parental responsibilities, the number of children, the previous standard of living before the divorce, and the needs of the children. The parent who spends more time and money caring for the children, known as the custodial parent, will typically receive monthly payments from the non-custodial parent.

Seeking a Child Support Modification

Illinois law allows child support payments to be modified when either spouse has a significant change in income. This includes the loss of a job or an involuntary reduction in salary. You will have to certify your new income, including unemployment benefits and your monthly expenses, with the court. Based on the new calculations, the court may grant a reduction in your required monthly payments. The new payments can also be applied retroactively based on the date you applied for the modification. However, you must continue making payments at the current level until the modification is approved or risk being fined.

...

Will County criminal defense attorneysIt probably comes as no surprise that retail theft is taken seriously by retailers and law enforcement in Illinois. To protect merchandise at stores and retailers, Illinois has some of the strictest penalties for shoplifting in the country. While you may commonly think of shoplifting as sneaking an item out of a store in a pocket or under a coat, Illinois law specifies a number of actions that constitute retail theft or shoplifting.

Retail Theft in Illinois

Under Illinois law, the following actions constitute shoplifting or retail theft:

  • Sneaking merchandise out of a store without paying for it. This is a classic example of shoplifting.
  • Changing the price tag or label of an item to make it appear to cost less than it should.
  • Hiding merchandise in other merchandise in order to sneak it out of the store.
  • Under-ringing an item at a register. This charge had been more commonly used against store employees when buying items for themselves or for their friends or acquaintances. However, it is also becoming more common with the advent of self-checkout lines in grocery stores and other retailers
  • Removing a shopping cart from the property of a store and not returning it.
  • Knowingly deceiving a store about the ownership of merchandise. This can include claiming you’ve already purchased an item if it has in fact not been paid for.
  • Using or possessing a theft detection shielding device or a tool to remove theft detection devices. These can include a laminated or coated bag or another device used to shield merchandise from being detected by a store’s theft sensors.
  • Not returning a leased item to a store within the agreed-upon lease term and not paying the full price for taking possession of the item.

Most minor retail theft charges, typically those under $300, are prosecuted as a Class A misdemeanor. More serious charges, up to a Class 3 felony can be charged under certain circumstances. These include previous convictions for shoplifting or other crimes, use of an emergency exit during the shoplifting, or shoplifting a total value of merchandise of over $300 or motor fuel of over $150. The value of items taken can quickly add up, meaning that felony charges are more likely than you might think.

...

Joliet divorce lawyerDisagreements over finances are one of the leading causes of divorce in the United States. Animosity can only grow if the couple is heading down the road to divorce and one spouse is intentionally spending the couple’s assets wastefully. This practice, known as dissipation, can be considered by the court during the divorce process and impact the final order from the judge.

Dissipation in Illinois Divorce Cases

Illinois is an equitable distribution state for dividing marital assets during a divorce. Rather than splitting a couple’s assets evenly, each spouse will receive the amount that the court decides is fair based on a number of factors. When a spouse is accused of dissipation, they may be trying to waste a portion of the existing marital assets before the division has been finalized in order to deprive the other spouse of that asset. The action does not need to occur during the divorce process but during the time when the marriage has undergone “an irretrievable breakdown.” While it is difficult to stop such spiteful behavior before it occurs, the court can consider those actions when making their final divorce order.

Common Types of Dissipation

Some of the most common ways that a spouse might dissipate marital assets include, but are not limited to:

...

joliet divorce lawyerAs divorce after the age of 50 becomes more common, it is becoming clear that the issues facing couples who split later in life may be different from those whose divorce occurs in their twenties, thirties, or forties. Child custody and child support are less likely to be issues, unlike if you had divorced when your kids were younger. However, new challenges on how to divide marital assets, handle spousal support, and plan for retirement savings and social security are more common.

Three Common Issues When Couples Divorce Near Retirement

  • Spousal maintenance or alimony – While alimony itself is not an uncommon issue to tackle during a divorce, there are additional challenges for older individuals. If one of the spouses has limited or no recent work experience, it can be more difficult to get the opportunities to learn new skills or receive training to start or restart a career. This has a bigger influence on the calculation of spousal maintenance.

  • Division of marital property – Like spousal maintenance, dividing marital property in a gray divorce. While you may have accumulated more assets by this stage in your life, you also have less time to save more for the future. This puts more emphasis on how existing property is divided.

    ...

b2ap3_thumbnail_shutterstock_1586442568.jpgA major part of the decision-making process of any divorce involves the division of marital property. While savings, retirement accounts, and other assets may have significant value, the marital home is often the largest single asset any divorcing couple owns. As such, it can become a major point of contention during the divorce process. Depending on your situation and preferences, our experienced divorce attorneys can help you retain your house after a divorce or receive a fair settlement , either through its sale or a settlement during the divorce process. 

Options for Dealing with Your Home

Since Illinois is an equitable distribution state, meaning each spouse receives a fair, not equal share of the marital estate, a home can often pose a problem during the process. Depending on the length of the marriage, how much equity the couple has in the house, and the value of their other assets, the house may have a greater value than the rest of their assets combined. Therefore, there are different solutions to consider on how to equitably handle the house and its value during the division of marital property. These options include:

  • The house can be sold, with the proceeds being equitably divided between the spouses

    ...

b2ap3_thumbnail_shutterstock_356898968-1.jpgIn Illinois, individuals accused of endangering a spouse, family member, or domestic partner may be served with an order of protection. The purpose of the protection order is to keep them away from the alleged victim and prevent the subject from contacting the victim. If you have been served by an order of protection, it is important that you comply with the order and that you understand your rights and responsibilities. 

Orders of Protection in Illinois 

There are three different types of Order of Protection under Illinois law:

  • Emergency Order of Protection - The first step is usually for an emergency order to be sought by petitioning a judge. The accused individual does not need to be present for this hearing. This order will last for 14 to 21 days, after which a hearing will be held and a judge will determine if the order should be extended. 
  • Interim Order of Protection - This order can be used to extend the order of protection for an additional 30 days until a hearing is held.
  • Plenary Order of Protection - This final step may be ordered by a judge after a hearing where both parties are present. This order can last up to two years. 

Depending on the circumstances, the initial order may prevent you from contacting your spouse or your children. While you may want to plead your case immediately, it is important to abide by the order and not attempt any contact until a subsequent hearing can be held. This includes contact by phone call, text message, email, or sending a message through another person. Any violation of an order of protection is a Class A misdemeanor and you could face up to one year in jail and a fine of up to $2,500. 

...

joliet divorce lawyerIf you are considering a divorce in Illinois, you may be facing challenging decisions on the division of marital property. During an Illinois divorce, each spouse is entitled to a fair share, not necessarily an equal share, of the couple’s marital property. Before the division occurs, there are ways to keep certain non-marital assets out of this process. Non-marital assets are those that each spouse entered into the marriage with or was acquired as a gift or inheritance during the marriage. You can use three strategies, starting even before getting married, to protect your individual assets in a divorce case.

Prenuptial or Postnuptial Agreement 

Created before marriage, a prenuptial agreement can specify which assets will remain as non-marital property. A prenuptial agreement can be used by an individual spouse if they own their own business or have substantially more assets. Prenups may also be useful if both spouses bring significant assets into the marriage.  Like a prenuptial agreement, a postnuptial agreement defines spouses’ financial rights and responsibilities, but the agreement is entered into after the couple is married. 

Separate Financial Accounts 

By creating or maintaining separate bank accounts or investment accounts, you can keep assets that you consider non-marital assets separate from joint marital accounts. A different account can also be used to deposit proceeds if you sell individual assets during the marriage. If the proceeds from such a sale are deposited into a joint account, they could later be considered common marital assets.

...

IL defense lawyerStatutory rape is a common term used for behavior that meets the technical definition of criminal sexual abuse in Illinois. The legal age of consent for sexual activity of any kind is 17 years old. Anyone younger than that cannot legally consent to sex, even if the minor voluntarily engaged in the act and even if the minor’s sexual partner is also under 17 years old. Contrary to how “consent” is often used in common parlance, for legal purposes, someone simply cannot legally consent to sexual activity in Illinois under age 17.

This can cause some confusion for individuals who are caught engaging in sexual activity with their underage boyfriend or girlfriend. Despite what may seem like enthusiastic participation from both parties, such behavior is illegal and can carry serious criminal penalties. If you are being investigated for or have been charged with criminal sexual abuse, get an experienced Illinois criminal defense attorney right away.

Can I Be Charged with a Sex Crime for Having Sex with My Underage Girlfriend?

Although minors under age 17 are rarely prosecuted for engaging in sexual acts together, Illinois law does prohibit such behavior. Neither partner is capable of legally consenting, and both partners could be charged with a sex crime.

...

IL divorce lawyerSubstance abuse is a serious problem in many Illinois marriages. Although divorcing couples can no longer cite substance abuse as a cause for divorce, the fact remains that one parent’s substance abuse issues can not only contribute to the breakdown of a marriage, but may also intervene with that parent’s access to their child. Drug and alcohol abuse can affect the allocation of parental responsibilities and parenting time in Illinois.

Allocation of Parental Responsibilities

Couples who share children must create a parenting plan whether they were married or not. Both parents are expected to work together to design an agreement that is in the best interests of a child. An Illinois court must approve a parenting plan, and parents who have a difficult time agreeing may be required to attend mediation.

Substance abuse can interfere with every step of the parenting plan process. Parents who struggle to manage their time, money, and wellbeing because of substance abuse may be unable to attend meetings or negotiate responsibly. When this happens, a court may intervene and decide how to allocate parental responsibilities and parenting time.

...

IL family lawyerBecoming a father is one of the most impactful things that can happen to a man. Fatherhood allows a man to further his legacy, knowledge, and wisdom to future generations through a deeply meaningful relationship with a child, giving both the child and the father an opportunity to grow and learn. Some men are understandably concerned with ensuring that a child is truly theirs before investing so much time and effort into raising him or her.

It can be devastating to discover that a child you thought was yours actually belongs to someone else. When paternity is uncertain, or when you can prove you are not a child’s father, you may want to disestablish paternity and sever your legal obligations to the child. If you are in this situation and want to know more, read on.

What if I Am Married to the Child’s Mother?

When a couple is married and the wife gives birth, the husband is automatically assumed to be the child’s legal father, and disestablishing paternity can be a challenge. If a married father discovers through a DNA test that a child is not his own, he may be able to ask a judge to grant him disestablishment.

...

IL divorce lawyerNot so long ago, divorce laws in virtually every state enshrined the belief that children really only needed their mothers after divorce. Too many fathers lost their ability to create and maintain crucial relationships with their children, and many of those children suffered because of the loss of their father in their lives.

Fortunately, things are a little different today. Illinois’ divorce laws now recognize the importance of both parents in a child’s life and the law gives preference to having both parents legally involved whenever it would be in the best interests of the child. This does not mean that fathers never have to aggressively advocate for their parenting rights, but the work it takes to protect a relationship with a child is well worth it. Here are some tips for fathers who are hoping to increase their chances of getting parenting time (visitation) and parental responsibilities (custody) in Illinois.

Create a Child-Friendly Home

There are certain things all parents can do to make their house a comfortable and appropriate environment for children. Make sure the children’s physical needs are met, that they are fed healthy food and that you are present and available for them when they are with you. Courts do take children’s preferences into account when they are old enough, and you can increase your chances of your children wanting to be with you by giving them a happy home.

...

IL defense lawyerAlthough people frequently think of “burglars” as people who break into houses and steal things, Illinois considers any form of breaking and entering to be burglary whether or not anything was actually stolen. As long as the prosecution can determine that an alleged burglary intended to commit the crime of theft or another felony crime, breaking and entering is considered a felony.

Additionally, breaking and entering can take place in other buildings and facilities besides homes; public buildings like schools and government offices, storage sheds, RVs or other trailers, and even aircraft can be burgled. If you have been charged with burglary in Illinois, it is important to understand the law and hire an experienced criminal defense attorney.

What Is Burglary?

Under Illinois law, burglary charges can be filed against an alleged offender who knowingly, and without permission, entered the property of another person intending to steal something or to commit another felony crime. No locks have to be broken for the charge of burglary to apply. The seriousness of the charges and consequences will depend on what exactly happened during the burglary. These charges, and when they apply, include:

...

IL family lawyerThe research on children who experience divorce is surprisingly clear. In nearly every measurable way, divorce has the potential to negatively affect a child's quality of life - both during the divorce and well into the future. However, not all divorces have lasting negative effects on children. Parents who put their children first and work hard to cooperate during divorce can give their children a supportive environment to process the stresses of divorce and set them up for future success.

Unfortunately, not all parents are committed to giving their children the best future possible. Many parents are more interested in getting revenge after the relationship is over, and sometimes this means using the children as weapons in a never-ending fight. One way this can manifest is through one parent’s efforts to alienate a child from their other parent. If you are afraid that your ex is trying to interfere with your ability to have a great relationship with your child, read on.

Common Signs that Your Ex is Trying to Negatively Affect Your Relationship with Your Child

Although there is some controversy about exactly how parental alienation is described and recognized, there is no question that a child can suffer when one parent tries to distance them from their other parent. Behaviors that might be considered parental alienation include:

...

IL family lawyerIllinois family law has been updated over the years to reflect the fact that children get the most out of life when they can have warm, supportive relationships with both parents. When parents decide to get divorced, children usually divide their time between each parent’s household even if their parents find it difficult to cooperate or get along. However, in some circumstances, it is not in the child’s best interests to spend time with one of their parents. In this blog, we will look at how Illinois defines child custody and examine some situations where a parent may be given full custody.

Custody vs. Parental Responsibilities and Parenting Time

Illinois no longer uses the legal term “custody” and “visitation” when referring to the relationship with parents and children. Instead, the terms “parental responsibilities” (meaning major decision-making authority) and “parenting time” (time physically spent with the child) are used. When a parent has full custody in Illinois, that really means that they have total responsibility for the child. They make decisions about the child’s religion, education, healthcare, and daily activities. If a parent has visitation, that means they have parenting time where they are responsible for caring for the child’s needs within the parameters of the other parent’s decisions about education, etc.

When Could a Parent Get Full Parental Responsibilities and Parenting Time in Illinois?

Although judges prefer to see children spend as much time with each parent as possible, there are circumstances where this would be inappropriate or dangerous. These include:

...

IL divorce lawyerDivorcing couples frequently cite the marital property division process as one of the most difficult parts of getting divorced. Haggling over who owns what property is never easy, and it can be especially difficult if money has been set aside for a specific purpose. Many parents begin setting aside money for their child’s education in a 529 plan and getting a divorce can impact this money. If you find yourself worrying about how divorce could impact your child’s educational opportunities, read on.

What is a Marital Asset?

Anything that is considered a marital asset must be divided in a divorce. In Illinois, almost anything acquired during a marriage is considered a marital asset, including cash, property, vehicles, retirement accounts, stock options, and more. Even if the asset is owned by only one spouse, if it was acquired after the marriage began, it is almost certainly marital property.

What is a 529 Savings Plan?

Parents can begin saving money for their child’s education in a tax-exempt savings plan. These plans are called 529 plans because they refer to the 529 section of the Internal Revenue Service’s code. Illinois currently only has individual 529 plans, although some other states have 529 plans maintained by a state agency or a public college. Parents can contribute up to $15,000 per year to each plan and as long as the money in the plan is only spent on educational expenses, it remains untaxed. 529 plans must have one account owner and one beneficiary, which in this case are a parent and child, respectively.

...

IL defense lawyerOrders of Protection, also known as restraining orders, are a powerful legal prohibition against an alleged abuser coming into contact with, or even coming within a certain distance of, an alleged victim. Although Orders of Protection are important and necessary in genuine situations of abuse, they can also be weaponized by people who are not acting in good faith. To learn more about Orders of Protection in Illinois, including when they can be implemented and removed, read on.

Types of Orders of Protection

Illinois law provides three basic types of Orders of Protection: Emergency Orders of Protection, Interim Orders of Protection, and Plenary Orders of Protection. It is important to understand what each order entails and when it can be used.

  • Emergency Orders of Protection can be obtained right away, without obtaining testimony from the alleged abuser. They can last up to 21 days and can prohibit an abuser from coming into contact with the victim. Even if you believe that an Emergency Order of Protection has been wrongly filed against you, it is important to abide by its terms because violating Orders of Protection carries serious consequences. There will be time to contest a further Order of Protection in the future.
  • Interim Orders of Protection are meant to extend an Emergency Order of Protection if there has not been an opportunity to have a final hearing about whether an extended Order of Protection is necessary.
  • Plenary Orders of Protection are final orders that a court gives after hearing testimony from both parties. Although the alleged abuser must be notified about the hearing, they may not come. In this case, the Plenary Order and its terms will be approved and can last up to two years, offering a victim the greatest form of legal protection available. If you have been notified of a hearing for a Plenary Order of Protection against you, it is crucial that you attend the hearing; once a permanent Order of Protection is put in place, it is very difficult to challenge it.

Challenging an Order of Protection

If you feel you have been wrongly targeted by an Order of Protection, it is important to comply until you have an opportunity to challenge it in court. Penalties for failing to comply include fines and even jail time. You will be notified of a court hearing, where you can challenge the testimony of your accuser and offer evidence that contradicts his or her claims. It is important to have an experienced family law attorney by your side during the hearing.

...

IL divorce lawyerPrenuptial agreements can be great financial instruments for protecting the wishes and interests of a couple if they get divorced. Although nobody plans on getting divorced, the statistics on the success rate of marriages are clear, and more and more couples are electing to protect themselves with a premarital agreement. From ensuring a personal or family business remains intact to protecting one spouse from the other spouse’s student loans, a prenup is a highly customizable way to mitigate losses in a worst-case scenario.

In our last blog, we talked about the advantages and potential disadvantages of having a prenup. However, a prenup does not do anyone any good if it turns out to be unenforceable. Part of writing a strong premarital agreement is understanding its limitations, including when Illinois courts may declare all or part of an agreement invalid. Before you start writing your prenup, make sure you have the facts.

How Can I Make Sure I Have a Legally Enforceable Prenup?

Most prenuptial agreements are enforced by courts in Illinois without a problem. However, certain factors can cause a judge to deem a prenup invalid. These include, but are not limited to:

...

IL divorce lawyerPrenuptial agreements are growing in popularity as a great way for engaged couples to delineate their financial expectations in a relationship and stipulate what will happen with certain issues if they get divorced. However, not everyone wants a prenuptial agreement before they get married and cannot imagine a scenario in which they get divorced.

Fortunately, the state of Illinois allows married couples to create a postnuptial agreement after the excitement of the wedding wears off and spouses settle into real life. But postnuptial agreements are not only for couples facing challenges - they can give all couples comfort in knowing that if a divorce is down the road, but they can also settle certain issues quickly and easily, potentially saving themselves time, money, and heartache.

What is the Point of a Postnuptial Agreement?

Like a prenuptial agreement, postnuptial agreements are legal contracts wherein spouses agree ahead of time about what they will do regarding certain issues if they should get divorced. Specifically, postnuptial agreements often address the question of marital and individual property, determining how spouses will divide what they owned before getting married and what they have accumulated together. Spouses can also address the question of spousal maintenance (formerly known as alimony) and may even address what the financial contributions of each spouse towards retirement and savings funds will be during the marriage.

...

IL divorce lawyerOnce you’ve made the decision to get divorced, you have to choose from a wide variety of options and strategies. Do you want to try to do it yourself in an uncontested divorce? Is it better to approach the situation cooperatively, or to try to aggressively pursue everything you are hoping for? Do you want to utilize a large team of professionals, or keep the process as small as possible?

While not every situation allows parties to cooperate, there are two great alternative dispute resolution strategies that are highly effective even when the dynamic between divorcing spouses seems impossible to navigate: Collaborative divorce and mediation. Whether either of these options is good for you can be a tough decision to make, but a qualified Illinois divorce attorney may be able to provide advice.

Collaborative Divorce

Collaborative divorce involves both spouses hiring their own attorney who is committed to working together with a team to create a divorce agreement. Because attorneys are required to work with each other, everybody shares the goal of solving issues and reducing conflict. Spouses can hire a team of divorce professionals that may include a child psychologist, a divorce coach, financial professionals, as well as anyone else who might be helpful. If the collaborative divorce process fails, the entire team is dissolved and the attorneys cannot represent spouses in the future.

...
ISBA WCBA
Back to Top