Section 503 of the Illinois Marriage and Dissolution of Marriage Act requires that a court divide the marital property in just proportions considering all relevant factors, including, among other things, the dissipation by each party of the marital property. Legally, a spouse dissipates (or wastes) marital assets when he or…
In a divorce, the Court has the obligation to equitably divide the marital assets and debts, and determine whether maintenance would be appropriate. While non-marital property is not subject to being divided in a divorce, it may have a profound impact on the appropriate division of the marital assets and…
It is no secret that emotions run high during a divorce or custody proceeding. Sometimes parties seek orders of protection from one another to prohibit acts of abuse or harassment from occurring. Imagine this scenario: Chris and his girlfriend Rhianna are having an argument about who will have custody…
There is a certain irrationality inherent in contentious divorce and child custody cases. Many people going through such an experience might label their spouse as mentally unstable. If such mental instability is an actual psychological condition, as opposed to mere name calling, it can be particularly relevant when custody of…
Adoption is one part of family law that doesn’t get much press, perhaps because it isn’t as contentious as the division of assets and debts in a divorce or as emotional as a hotly contested custody battle. Whatever the reason, adoption is typically an area of lightness amidst the often…
Imagine this scenario: In 2004, your elderly father, Howard, decided to marry for a fourth time. He married a then-22 year old woman named Anna. In 2014, after ten years of marriage, Howard decides he has had enough of Anna’s hard-partying ways and files for divorce. He also thinks she…
Under Illinois law, are expenses reimbursed by an employer considered “income” for purposes of calculating child support? For starters, Illinois requires a noncustodial parent to pay guideline child support based upon a percentage of his “net income.” Under the statute, “net income” means “the total of all income from…
Question: Can your prior acts of violence, abuse, or harassment be used against you in an order of protection hearing? Answer: It depends on which side of the litigation you are on. /post Just kidding. An order of protection is a civil remedy in which a person…
In Illinois, maintenance can be terminated if the party receiving maintenance “cohabits with another person on a resident, continuing conjugal basis.” What does that mean? The answer is not as straightforward as it might seem. To illustrate the analysis, an example is helpful. Let’s assume Danny married Sandy in 2008.…
[UPDATE – The passage of the revised Illinois Marriage and Dissolution of Marriage Act renders the legal analysis in this post inapplicable to cases pending after January 1, 2016. The revised 750 ILCS 5/505(h) explicitly authorizes the courts to deduct student loan payments in calculating a child support obligor’s net income.] …