Credit card debt is quite prevalent in the United States. In fact, Americans owe $807 billion in credit card debt. If a single person incurs credit card debt, he or she is solely responsible for paying for it. However, what happens if that debt is incurred during a marriage? If you are getting a divorce in Illinois, you may be held responsible for this debt even if your spouse was the only one who used the credit card.

How Credit Card Debt Is Split in an Illinois Divorce

If you are planning to divorce your spouse, you may wonder how your credit card debt will be handled. If the debt was incurred during the course of your marriage, the creditor may hold both you and your spouse responsible for it. On the other hand, any debt either spouse incurred before they were married is considered personal debt and is the sole responsibility of the person who made the purchases.

Since Illinois is an equitable distribution state, your debt will not be divided exactly 50/50 if your case ends up going to trial. Instead, it will be split fairly. A judge will look at multiple factors before deciding how to split the debt, such as:

• Each spouse’s financial resources

• Each spouse’s personal assets

• How long the marriage lasted

• The amount of child support and spousal support

Who benefited the most from the credit card purchases may also be considered by the court. For example, if the person who made the purchases was the only one who benefited, the debt would most likely be classified as separate. On the other hand, if the person made purchases that benefited the other spouse or entire family, a judge would consider it marital debt.

Protecting Your Credit During a Divorce

Although your marital status will not show up on credit reports, joint accounts you had with our spouse and accounts you cosigned for your spouse will. If your ex makes late payments or defaults on the payments, it could negatively affect your credit rating. If it is feasible, try to pay off your existing joint accounts with your spouse and close them before your divorce is finalized. Many divorcing spouses choose to liquidate assets like real estate in order to pay off jointly held debts. 

Contact a Will County Divorce Attorney

If you have additional questions about dividing credit card debt in your divorce, a Joliet, IL divorce lawyer can help. At the Law Offices of Tedone & Morton, P.C., we can examine your marital estate and figure out which debts you will be responsible for. Contact us at 815-666-1285 to schedule a free consultation.

Source:

https://www.valuepenguin.com/average-credit-card-debt

https://www.experian.com/blogs/ask-experian/who-is-responsible-for-credit-card-debt-in-a-divorce/

A criminal record can make it more difficult to get a job, rent an apartment, and legally own firearms. It can also affect your chances of getting custody of your children. Family law judges consider the children’s best interests in custody cases and may be reluctant to award custody to a parent with a criminal history. However, having a criminal record does not automatically mean that you cannot be awarded parenting time with your children. 

How a Criminal Record Can Jeopardize Your Child Custody Case

If you have a criminal record and are in the middle of a child custody dispute, you may worry that your past will negatively influence the outcome of the case. Although it may be more challenging to gain the parental responsibilities and parenting time outcome you are hoping for, it is not impossible. A judge will consider several factors regarding your criminal history before coming to a decision.

Non-violent criminal convictions are less likely to affect the allocation of parental responsibilities and parenting time than convictions involving assault, battery, or abuse. Family court judges also look at how old your criminal conviction is. If you, for instance, got convicted of an offense over a decade ago and have not gotten in trouble with the law since then, the judge is less likely to use this information when deciding custody. The frequency of your offenses may also affect the outcome of your case. If you are a repeat offender, the judge may question your judgment and question whether you can provide a stable environment for your children.

Restricted Parenting Time or Parental Responsibilities

In some cases, the court may order certain restrictions on parenting time or parental responsibilities. The court has the authority to:

• Require parents with drug or alcohol dependency problems to attend treatment

• Prohibit the parent from using drugs in the child’s presence

• Prohibit certain individuals from being present during the parent’s parenting time

• Require supervised parenting time or “supervised visits”

• Order any other restriction that is needed to ensure the child’s best interests are protected

Contact a Will County Family Lawyer

If you have a criminal history and are trying to get custody of your children, discuss your case with a Joliet, IL family attorney. At the Law Offices of Tedone & Morton, P.C., we understand the difficult situation you are in and can help you assert your rights. Call us at 815-666-1285 to schedule a free consultation.

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=8300000&SeqEnd=10000000

Many married couples experience relationship issues at some point, and while many disagreements can be resolved, others may cause one or both spouses to consider ending their marriage. For some couples, divorce is the best solution, while others may be able to repair their relationship and stay married. However, some people fall somewhere in the middle, where they may be considering getting divorced but do not yet know whether ending their marriage is the right choice. In these cases, a couple may pursue a trial separation while they determine whether to get divorced, or they may make plans to live separately on a more permanent basis without legally ending their marriage. When doing so, it can be beneficial to pursue a legal separation.

What Is Legal Separation?

A temporary or permanent separation will often leave spouses uncertain about their rights, and arguments or disputes may arise over how various issues will be handled, especially if the couple has children. By pursuing a legal separation, a couple can put an agreement in place that will address these issues. In essence, a legal separation can cover most of the issues that would be addressed during a divorce, but the couple will continue to be legally married.

The process of getting a legal separation is similar to filing for divorce. One spouse will file a petition for legal separation, and the other will file a response. The couple will then identify all of the issues that they will need to address in their separation agreement, and these may include matters related to the division of marital property, child custody, child support, and/or spousal maintenance. They will work to negotiate a resolution to these issues, and if they cannot reach an agreement, they may ask the judge in their case to make the final decisions. While most of these matters will be addressed the same as they would during a divorce, a settlement regarding marital property cannot be validated by the court during a legal separation unless both parties agree on it.

Legal separation can make sure both spouses will have an understanding of their rights and requirements while they are living separately. However, by remaining legally married, they may be able to realize certain benefits, such as having both spouses and their children be covered in a health insurance plan provided by one spouse’s employer. Legal separation can also be a good solution for those who do not wish to get divorced for religious or cultural reasons. However, while a couple is still married, neither spouse will be able to marry someone else. Either spouse can choose to pursue a divorce at any point in the future, and they may be able to complete this process fairly simply and easily since many of the decisions in a separation agreement can be incorporated into a divorce decree.

Contact Our Plainfield Legal Separation Lawyers

If you have questions about the process of legal separation and whether this is the best choice for your situation, the Law Offices of Tedone & Morton, P.C. can assist you. We will advise you of your rights and options, and we will provide you with legal representation whether you are planning to get a legal separation or divorce. Contact our Will County family law attorneys at 815-666-1285 to schedule your free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000

According to Illinois law, if a child’s parents are married at the time of birth, the mother’s spouse will be presumed to be the child’s legal parent. However, there are many situations where a child’s parents may be unmarried, and in these cases, paternity will need to be legally established before a man will be recognized as the child’s legal father. This can often be done fairly easily, but some cases may involve complex legal issues, and either or both parents may need to work with a family law attorney to ensure that their rights and their child’s best interests will be protected.

Benefits of Paternity for Children and Parents

If a child’s parents are unmarried, but they agree that a man is the child’s biological father, the parents can fill out and sign a form known as a Voluntary Acknowledgment of Paternity (VAP). This form can usually be obtained from the hospital where a child was born, but it may also be available at a county clerk’s office or the Illinois Department of Human Services, and a VAP can be completed and signed at any time during the child’s life.

If either parent is uncertain about the identity of the child’s biological father, other procedures may be used to confirm the genetic relationship between a parent and child and legally establish paternity. Parents may agree to work with the Department of Child Support Services (DCSS) to conduct genetic testing, or either parent may file a petition in family court to establish paternity. During court proceedings, DNA testing will usually be ordered, and once the identity of the child’s biological father is confirmed, an order of paternity will be issued.

Establishing paternity can provide multiple benefits for a child. From an emotional standpoint, understanding their roots and family history can provide a child with a better sense of identity. The child will be able to access family medical history, ensuring that they can receive the proper medical care. They will be able to receive an inheritance from their legal parent, as well as benefits through a parent such as insurance coverage or Social Security.

After establishing paternity, the parents will be able to address matters related to child custody, including the allocation of decision-making responsibilities and schedules for parenting time. A legal parent will also have the obligation to provide child support. By establishing paternity, parents can ensure that they will each be able to maintain a relationship with the child and that the child will have the financial resources to meet their ongoing needs.

Contact a Will County Paternity Lawyer

If you are an unmarried parent, the Law Offices of Tedone & Morton, P.C. can help you take the right steps to establish legal paternity for your child. We will make sure you understand your rights, and we will provide you with representation in any legal proceedings, ensuring that your child’s best interests will be protected. Contact our Joliet family law attorneys at 815-666-1285 to set up a free consultation today.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3638&ChapterID=59

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx

During the divorce process, married couples who have children will need to address multiple types of legal issues related to child custody. The decisions made will be set down in a document known as a “parenting plan,” which will be part of the couple’s divorce decree. A parenting plan will state how parents will share the responsibility of making decisions about their children’s upbringing, and it will also include a schedule for the parenting time that children will spend with each parent. It can also address any other issues related to the couple’s children and the ways the parties will work together as co-parents. One issue that parents may want to address is the right of first refusal.

What Is the Right of First Refusal?

Following a divorce or separation, situations may arise in which a parent will not be available to care for their children during their scheduled parenting time. This may occur because of work-related responsibilities, health issues, or other scheduling conflicts. In these cases, the other parent may want to be able to take care of their children rather than having someone else provide care, such as a babysitter or another family member.

If parents include the right of first refusal in their parenting plan, this will ensure that a parent will be able to provide care for their children whenever possible. A right of first refusal clause will require one parent to contact the other parent and offer them the opportunity to care for the children in cases where they will be unavailable during their normal parenting time. Essentially, this will give the other parent the first opportunity to care for their children, and other child care options can only be considered if the parent refuses this opportunity.

When addressing the right of first refusal, a parenting plan should specify the circumstances in which this right will apply. For example, the right of first refusal clause may state that if a parent will be unavailable for at least six hours during the time that they are scheduled to have parenting time, they must contact the other parent and ask if they are available to care for the children. The parenting plan may also specify how parents will contact each other in these situations, detail transportation arrangements for children, and address any other issues that are necessary to protect the children’s best interests.

Contact Our Plainfield Parenting Plan Attorneys

As you determine what should be included in your parenting plan, you will need to work with an attorney who can explain your rights, help you negotiate with the other parent, and make sure your children’s best interests are protected. The lawyers at the Law Offices of Tedone & Morton, P.C. can help you address the right of first refusal and any other issues that will affect you and your children during your divorce. Contact our Will County child custody lawyers by calling 815-666-1285 to arrange your free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K602.3