Courtney ∙ Clark Law, P.C.Courtney ∙ Clark Law, P.C.
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May 2018 Archives

The court will have the final say in child support agreements

In any divorce that involves children, dealing with matters involving them can be stressful. Although child support is one issue that is typically determined by the court, Illinois parents may be involved in the process. Those who can work together to negotiate a child support agreement that specifies the amount, payment frequency and duration may do so. Discussions can occur with or without attorneys being present, although it makes sense to have a family law attorney finalize the agreement.

Dealing with a 401(k) or pension plan in a divorce

How did you envision your retirement years? You may have dreamed of traveling, being closer to your children or sitting on your front porch with your spouse, holding hands and watching the world go by. Regardless of how you expected to spend those years, those plans are now in jeopardy because you and your spouse have decided to part ways. 

Family law: Domestic violence victims can get protection

Resources are available to help victims of domestic violence in Illinois obtain protection. Protective orders and restraining orders could be obtained under criminal or family law, and they could apply to a variety of situations. Protection can be dealt with as part of a divorce or following an arrest for domestic violence. Emergency Protection Orders typically follow an arrest, and they are valid for a restricted period. However, upon request EPOs can be modified to remain effective for more extended periods.

Know your options when it comes to child custody

During your marriage, you probably never gave the issue of child custody a second thought. After all, you and your spouse were raising the children together, so it wasn't something you needed to think about. Now that you are getting a divorce, child custody matters may be dominating your thoughts.

What is the involuntary disclosure process in property division?

Mistrust is something that is common among spouses who are going through a divorce, and it is often justified. Many people in Illinois have had to go to great lengths to discover assets that soon-to-be exes tried to keep out of the property division process. Both spouses are expected to disclose all assets, including bank accounts, real estate, cars and more, and some steps can be taken by someone who suspects assets to be concealed.

Could collaborative divorce save you from a courtroom battle?

You may have friends or family who were able to work out their divorce issues on their own, but you aren't so sure that will work in your case. In fact, the one thing you and your future ex-spouse may readily agree on is that you have disagreements that you can't resolve on your own, and you may fear that your only option is to go to court.

Family law: Grandparents no longer kidnappers of grandchildren

Grandparents in Illinois might be relieved to learn about the recent unexpected passing of House Bill 4607. This legislative proposal will allow grandparents who have custody of their grandchildren to ensure they get the necessary medical care even if it is in a neighboring state. Previously, family law gave them custody, but grandparents could face criminal charges for kidnapping a child if they sought medical care across state lines.

Child custody agreements aren't necessarily set in stone

Going through a divorce may rarely be easy, especially if you and your former spouse have kids together. Since you likely consider the well-being of your children to be an essential part of life, chances are, reaching an acceptable parenting plan was probably one of your top priorities.

Property division can bring unwelcome surprises

Many divorces in Illinois are amicable, with former spouses maintaining friendly relationships as they move forward with their lives. However, a case in another state shows that this desire to get along must not prevent each party from ensuring his or her interests are protected even after the divorce. This case involved a property division ruling by the court about the marital home.

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Courtney ∙ Clark Law, P.C.
104 South Charles Street
Belleville, IL 62220

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