WHAT SHOULD I DO WHEN MY EX ISN'T FOLLOWING A COURT ORDER?

A lot of people involved in a divorce think once the final judgement is entered, the hard part is over. However, many different post-decree issues can arise as a result of one party not following the court order. In this case, the complying party will first need to file a Petition for Rule to Show Cause with the court, asking the court to determine from the opposing party why the judgement isn't being followed.

If a party is willfully violating an order, he/she can be held in contempt of court and be ordered to pay compensation to the opposing party. However, if the violation is not willful, for example if a party is supposed to make a lump sum payment and simply doesn't have the money, the court will try to work out a resolution to reach the end result indicated by the judgement.

If you are experiencing a situation like this, contact our divorce attorneys for a free consultation to discuss your options.

http://www.westmontattorneys.com/Divorce-Child-Support/

NEW DIVORCE LAWS IN ILLINOIS

As of January 1, 2016, the Illinois Marriage and Dissolution of Marriage was written with significant modifications. We are going to be taking a look at these over the next several posts, but the question addressed today is "Which cases do these new laws apply to?" The new law is quite specific of when it is applicable.

First of all, it will apply to all divorce petitions and cases filed after the rewrite became effective, January 1, 2016. However, it will also apply to divorce cases filed before January 1, 2016, which are not yet resolved, meaning that if the case is still active as of January 1, 2016, and no judgment for dissolution has been entered prior to that date, the new legislation will apply. Finally, it will also apply to post judgment matters filed after January 1, 2016, even if the original judgement was entered under the old law. These post judgment matters usually apply to modification of support, maintenance, or custody.

It is important to have an experienced divorce attorney on your side who understands these laws. Contact the attorneys at Hubeny & Zaba, LLC with any questions.

http://www.westmontattorneys.com/Divorce-Child-Support/

HOW IS MAINTENANCE (ALIMONY) CALCULATED IN A DIVORCE?

Prior to recent developments, there was no easy way to calculate maintenance in a divorce. There was no formula to use, and maintenance was simply based on a variety of factors, such as length of the marriage, standard of living of the parties, employability of the receiving party, etc. However, Illinois has since developed a maintenance calculator that is meant to provide a guideline for attorneys and judges. It takes into account all of the factors that the court would usually consider in order to provide a projected maintenance amount. This is intended to assist attorneys and parties with negotiating settlement terms by offering estimates or guidelines. It is still relatively new so it is difficult to judge its effectiveness yet, but it hopefully can reduce the amount of litigation over maintenance and provide some stability to that area of divorce.

http://www.westmontattorneys.com/Divorce-Child-Support/
 

HOW ARE CHILD-RELATED ISSUES HANDLED DURING THE DIVORCE PROCESS?

In most Illinois counties, judges will require the parties enter into a Joint Parenting Agreement which will outline the rights and obligations of each party in regards to the children.  It will outline custody, visitation, support, etc.  If the parties are not able to reach an agreement regarding these issues, most judges will order mediation.  If you are facing a divorce with minor children, contact one of our divorce lawyers today for more information.

http://www.westmontattorneys.com/Divorce-Child-Support

HOW DO I GET CUSTODY/VISITATION OF MY CHILD IF THERE WAS NO MARRIAGE?

Depending on what county is the proper venue, the process may be slightly different.  For example, in Cook County, there is a separate court to deal with parenting cases where no marriage is involved.  However, the proceedings will be similar to domestic relations cases.  The process will begin with one party filing a petition asking the court for specific relief.  The court can order mediation, conduct a hearing, or the parties could negotiate and settle the matter in their own.  If that is done, both parties will enter into an agreement outlining the terms of the settlement.  If the parties cannot come to an agreement, the court will listen to evidence and make a binding determination in the case.  If you find yourself in a situation where you would like to pursue custody or visitation of your child, contact one of our family law attorneys today.

http://www.westmontattorneys.com/Divorce-Child-Support/

HOW AND WHEN DO I GET AN ORDER OF PROTECTION?

If a person believes they are in danger or harassed because of previous behavior or threats from a spouse or other family member, they can apply to the court for an order of protection.  An order of protection is a court order requiring or preventing a person from engaging in certain behavior in order to protect another individual.  If it is an emergency, you can apply for an emergency order at the local circuit courthouse and it will be heard the same day.  If a person is facing serious bodily injury or harm, they should always contact the police first.  If you believe you may need an order of protection, contact one of our family law attorneys today to see if you qualify and to discuss the process.

http://www.westmontattorneys.com/Divorce-Child-Support/
   

WHAT IS AN ANNULMENT?

In general, the terms "divorce" and "annulment" are used somewhat interchangeably, however, they do refer to quite different actions.  In Illinois, an annulment is a legal action to declare a marriage invalid, whereas a divorce is simply the dissolution of a valid marriage.  In both cases, the parties would no longer be married at the conclusion of the proceeding, however, an annulment would go one step further and declare that a marriage was never in effect.  If you have questions related to divorce or annulment, contact a divorce attorney below by clicking on the link and giving us a call.

http://www.westmontattorneys.com/Divorce-Child-Support/