Anderson & Boback Family Law Attorneys

One aspect of a dissolution of marriage is the division of marital assets .  For many couples, the largest asset is their home. The court has two options when it comes to the marital home.  If there are not enough assets to equal the equity in the home, or neither party can afford to pay the other party for their interest in the home, the Court will likely order the home sold and the proceeds split.  However, if there are other assets or one party can buy the other out, the Court may order the party giving up the home to execute a quit claim deed. Here, we discuss quit claim deeds and how you could use them as a vehicle to facilitate asset division in a divorce. When Quit Claim Deeds are an Asset Transfer Solution in a Divorce? A quit claim deed is an easy way to transfer interests in a home.  A quit claim deed has less formality than a standard warranty deed and makes for a quick and efficient transfer among parties who are divorcing. If you and your spouse agree to...

Do I Have to Pay Child Support When My Child is Away from their Primary Residence Some families have arrangements where a minor child is not at their primary residence for extended periods of time.  The reason why the child is not at their primary residence is something that would be considered when determining if child support would still need to be paid. Child Support Orders Remain In Place Until Modified First and foremost, if there is an order requiring child support to be paid, it must be paid.  The child support order remains in place until it is modified, and it cannot be modified until a request is made.  That means that if, for example, you lose your job in September but don’t file to modify your support until November of the same year, from September-November you are still required to pay the same amount of child support because the Court can only modify the child support retroactively back to the date that you ask them to.   Time Away from the Child's...

After the filing of a Petition for Dissolution of Marriage or the filing of a motion related to parenting issues, most counties in Illinois require that the parties attend mediation. You can elect to choose the court’s mediation system or engage in private mediation .  The court’s mediation system is provided free of charge but may have a long waiting period. Private mediation is faster but costs the parties money to attend. What Exactly is Mediation? Mediation is a settlement process that takes place with the assistance of a neutral third-party.  A mediator can be an attorney who oversees the mediation process between two parties and uses his or her expertise in the area of family law to come up with a fair and equitable agreement.  A mediator does not represent you or the other side.  Both of you will likely contribute to the cost of the mediator, which can be financially beneficial instead of both sides paying their attorneys to negotiate a settlement.  Med...

  Joint Custody versus Sole Custody - What's the Difference? One of the largest misconceptions parents have prior to splitting up or going through a divorce is related to the difference between sole, joint custody, and residential custody.  Prior to beginning divorce or child custody proceedings, many litigants mix up the terms "sole custody" and "joint custody" and "residential custody".  It is very important to clearly understand what these different terms mean prior to initiating litigation so that you can obtain the best result for your family. Legal Custody in Ilinois Under current Illinois law, joint custody and sole custody each refer to what we call legal custody.  In plain English, joint custody and sole custody each refer to the parents’ decision-making ability. Sole Custody In a sole custody case, one parent usually has the final decision-making authority for major decisions for the minor children, such as educational, religious and medical ...

  When a parent has supervised parenting time in Illinois, it means that someone is charged with chaperoning the parent during their parenting time.  Sometimes it is a paid person and sometimes it can be a trusted friend or relative.  It can also be a social worker and the visit can take place at the parent’s home or at a designated facility.  When you have supervised parenting time, it means that you cannot be with your children for any length of time unless the supervisor is there with you.  If the court hears that you were with your children without the supervisor, it could mean a suspension of your parenting time altogether. How Does a Parent Find Themselves with Supervised Parenting Time? Under the law, a person’s parenting time is not supervised unless the judge finds that a parent is a serious endangerment to the child.  In the state of Illinois, in order to get a supervisory visitation order between a parent and a child, the party requesting the ...

Many people are concerned about divorce and pension plans and what will happen to those plans and any other retirement accounts upon finalization of a divorce. People seem to think that if the pension plan is solely in their name (which it typically is), then their pension is theirs alone and they do not have to share it with their spouse when they divorce.   Pension Plans are a Marital Property Subject to Division in Divorce Family courts consider pension plans an asset of the marriage, however, and you will need to divide your pension right after the divorce of your spouse. If you and your spouse both have a pension plan, and they are of equal value, then it is likely that each of you will retain your own pensions.  In Illinois divorce law has established that all retirement accounts and pension plans whether vested or matured, contributory or noncontributory, shall be treated as marital property. The classification and reimbursement principles in 750 ILCS 5/503(a) a...

If you find yourself about to begin a custody battle or fight for parenting time, there are some things you want to keep in mind and some things you want to avoid making the process smoother and better for everyone.  Keep in mind that a fight over custody is difficult for everyone involved, including the children.  The fight will be emotionally, physically, and financially draining so it is important to keep the following in mind to mitigate any damage that can be done.   Children are very aware of their surroundings and when things change.  When things become rocky, they sense it and you can think of it like being on an airline flight across the country.  When things are smooth, everyone is comfortable and at ease.  However, when that plane starts rocking and you feel turbulence, you get a bit nervous that things are no longer OK.  What do you do?  You look at the flight attending and see how they are reacting.  If the flight attendant is ...

Should you be hiding money before divorce? Or, what about spending or transferring money before divorce? I seem to get a lot of questions like this lately. When people are considering a divorce and seeking out a divorce attorney , they always want to know what they can do with their money.  Can they take all of their money out of the bank?  Can they take half of it and secrete it from their spouse?  Can they spend it? Dissipation and Spending Money Before Getting a Divorce Under the law, when a party in a divorce case takes money and spends it, it can be considered dissipation. For such spending to qualify as dissipation, the money must have been taken during a time when the marriage was undergoing an "irretrievable breakdown" and must have been spent on something not of a marital purpose. Most marriages start breaking down long before the first divorce petition is filed, so spending the money a month before you file for divorce will still be considered dissipation. ...

  In family law cases, clients often wonder what is mediation and if they should do it. Mediation is not binding on you, and typically a neutral mediator will sit down with both parties in an attempt to reach an agreement.  When you "mediate" you are bringing out issues you would like to resolve.  Both parties typically have issues that need to be worked out, things like, how old should our daughter be before we allow her a cell phone?  Or who is going to keep the house?  Should we sell it or will one of you refinance it? Mediation is always a good idea, especially in family law cases.  Studies show that mediated agreements are ones that both parties will generally follow since they have agreed to the terms.  Unlike a trial or hearing before the court, you have a lot of control over the outcome of your case when you mediate it. When Is Mediation Not a Good Idea? Most clients benefit from some mediation, even if they do not reach a full agreement....

“ Grey Divorce ” is the term that has been coined for individuals who are older and obtaining a divorce.  A lot of times these folks are at or near retirement, and as such, there is a unique set of issues that need to be resolved in their divorce proceedings. Unique Issues in a Grey Divorce In the event that the parties are retired, Courts will typically look to award a 50/50 allocation of retirement assets, as well as other assets. The reason for this is because neither party usually plans to earn additional income upon retirement, and they has probably saved all they will save and will be depleting their estates moving forward to sustain their livelihood during retirement.  So, it is important to consider whether or not one would still be able to be “retired” on 50% of their retirement assets versus 100% of their retirement assets when considering a “Grey Divorce”.  A divorce, oftentimes, could mean a delayed or later retirement than what was initially planned. Social S...