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June 2017 Archives

How inherited assets are treated during a divorce

64818708_S.jpgInherited assets may be an issue for Illinois couples who are planning to get a divorce. Inheritances that are acquired during a marriage are not usually viewed as marital property, and as a result, they are usually not subject to division. They are typically considered to be separate property that belongs to whoever inherited the assets and cannot be reallocated between divorcing parties.

Fathers and shared parenting

53125400_S.jpgIllinois fathers should know that they have the right to be active in their children's lives after a separation or divorce. As data from the United States Census indicate that family courts tend to favor the mother for physical custody, it is important that fathers understand why they should continue to fight for their parental rights.

How holiday visitation and child support relate

4337560_S.jpgrMissouri parents who are divorced and dealing with issues related to child custody, visitation and support might wonder how these issues relate, particularly when it comes to holiday visitation. While in some cases, the child support order will not be affected during holiday visitations, in other instances temporary changes might need to be made.

Orders of protection

Illinois victims of domestic violence should know about what types of orders of protection they may request against their abusers. The protection can be temporary in nature or provide long-term safety depending on the type of protection order that is sought.51507999_S.jpg

Parents have options for negotiating terms of child support

67084405_S.jpgThe terms for child support payments do not necessarily have to be determined after a contentious court battle. Private negotiations between the parents or more formal proceedings such as mediation might enable Illinois parents who are ending their marriae to focus on the financial needs of the family and reach an agreement.

Older siblings can obtain custody of younger one

73348926_S.jpgIn some cases where Illinois parents are not capable of taking care of their child, a sibling may attempt to get custody. However, this can sometimes be difficult as siblings are often close in age. As such, the sibling seeking custody will have to show the court that he or she is independent, stable and can financially support the child.

Are rings marital or separate property?

37275704_S.jpgIllinois residents know that a marriage usually begins with an engagement, and often, the engagement and subsequent wedding ceremony involve the exchange of rings. These rings might have financial and sentimental value for the parties, as they are a representation of the couple's love. However, they might become a source of additional conflict if the couple later decides to end their marriage. If you find yourself in this situation, you might be wondering who the rings belong to in the event of a divorce.

Federal law alters division of military retirement in divorce

48679364_S.jpgMilitary personnel in Illinois involved in a divorce should be aware of new requirements for submitting court orders regarding the division of military retirement pay to the Defense Finance and Accounting Service. The National Defense Authorization Act of 2017 authorized the changes, and failure to provide the required information to the accounting office will delay the distribution of benefits.

Nesting as a type of co-parenting

43214130_S.jpgIllinois parents who decide to divorce must determine how they will handle child custody. Historically, women have been granted physical custody of their children with the fathers having visitation on the weekends and during summer months. More recently, courts have been favoring shared custody arrangements in which the children spend nearly equal amounts of time with both parents.

Why abuse victims may recant

39243756_S.jpgSome Illinois residents have been the victims of domestic violence. Unlike other types of assault, it takes place between two members of the same household. Therefore, such crimes can be more difficult to prosecute as family members or others who are close to each other don't want the aggressor to get in trouble. In some cases, victims will either stop cooperating with authorities or recant their previous statements.

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