Many marriages fail due to financial stress. Even if there are other factors involved, if one or both spouses file for bankruptcy, that may complicate any pending divorce proceedings. The biggest impact, in many cases, stems from the fact that filing for bankruptcy in federal court automatically stays or suspends any pending judicial proceedings involving the debtor. This includes a divorce lawsuit that has already been filed in the Illinois courts.

Chapter 7 Bankruptcy

In a Chapter 7 bankruptcy, a debtor must turn all of his or her assets over to a court-appointed trustee. The trustee then liquidates the assets, subject to certain exemptions, and uses the proceeds to pay back the creditors as much as possible. Any exempt or remaining assets are then returned to the debtor, who receives a discharge from the bankruptcy court.

In salons throughout Illinois, hairdressers and stylists have heard it all. They are privy to some of the personal details of their clients’ lives. The intimate relationships they develop with their clients allows many stylists insider information about marriages that may be failing, sexual indiscretions, and other juicy gossip. Due to the nature of their jobs—and the close physical proximity to their clients’ bodies—beauty technicians are often among the first “outsiders” to suspect issues of domestic violence. In some cases, the client may even flat-out say it. Thanks to a new law, stylists and beauticians will soon have the training and tools to help those who have been victimized.

Licensing Requirements

The new law, which went into effect on January 1, 2017, amended the existing statute regarding licensing for barbers, hairstylists, nail technicians, and other beauty professionals. To obtain or renew their state certification, individuals will be required to participate in an “awareness and education” program focused on preventing and identifying domestic abuse. The program was developed specifically for beauty professionals does not purport to make trainees experts on domestic violence. Instead, the program’s goals are to help stylists recognize the signs of domestic abuse and to provide resources to clients who ask for help.

Child relocation is often a touchy subject, especially when parents have already been through an acrimonious divorce. Even when the child already lives with one parent the majority of the time, that parent cannot simply pack up and move the child to another state. Instead, the parent seeking child relocation must seek the other parent’s approval. Failing that, the parent looking to move must file a petition with the court, which the other parent has the right to contest.

Looking Out for the Best Interests of the Child

So how does a court decide whether to permit a child relocation? Illinois law says the paramount concern is always the “best interest” of the child. To help determine this, a judge may look at a number of factors, including the “history and quality of each parent's relationship with the child,” how well the parents have complied with their existing parenting plan, whether the child will have better “educational opportunities” at the new location, and the “presence or absence of extended” family at the new location versus their current residence.

Illinois courts weigh a number of factors when allocating parental responsibilities—previously known as child custody—in divorce cases. The ultimate goal is promoting the best interests of the child. These factors include each parent's relative mental and physical health. For example, a judge may take into consideration a parent's alcohol or drug abuse when deciding who the child should live with.

If you have reason to suspect your ex-spouse or co-parent is unable to properly care for your child due to substance abuse, it is important to bring your concerns to the court's attention. You should not, however, make unfounded accusations without proof, nor should you assume that your personal experienced is a substitute for medical evidence.

Court Dismisses Father's Secondhand Allegations Against Mother

When it comes to divorce, Illinois law defines marital property as any assets or debts that either spouse acquired during the marriage. Assets the spouse owned prior to marriage are generally considered separate, non-marital property. However, it is possible for separate property to be reclassified as marital property through a legal doctrine known as “transmutation.”

Court Refuses Husband's Request for Reimbursement of House Payment

What does transmutation involve exactly? Here's an illustration from a recent Illinois divorce case. A could divorced after 28 years of marriage. The couple owned a home that they purchased in 1999. The husband made a $20,000 down payment for the house, which represented the proceeds from the sale of various items personal property that he owned prior to his marriage.